THE HON’BLE MR JUSTICE R. KANTHA RAO C.M.A.NO. 710 OF 2000 DATED: 18.08.2009 BETWEEN: M/s The United India Insurance Co.Ltd. .. Appellant and Mogalikalla Seetha and others .. Respondents THE HON’BLE MR JUSTICE R. KANTHA RAO C.M.A.NO. 710 OF 2000 JUDGMENT: This appeal is directed against the award dated 23.10.1986 passed by the Motor Accident Claims Tribunal-cum-I Additional District Judge, East Godavari at Rajahmundry in O.P.No. 226 of 1984. 2. Heard the learned counsel appearing for the appellant. None appears for the respondents. 3. In a claim under Section 166 of the Motor Vehicles Act, by the legal representatives of the deceased, the Tribunal granted an amount of Rs.63,800/- as compensation as against the claim of Rs.75,000/- on account of death of deceased Adinarayana in a motor vehicle accident. 4. The appellant/insurance company assailed the said award contending that the Tribunal erred in holding that the accident was on account of the rash and negligent driving of the vehicle in question and that the compensation granted by the Tribunal is also on higher side. 5. Since the evidence let in by the claimants in regard to the rash and negligent driving of the offending vehicle by its driver, is convincing and absolutely there is no evidence let in by the appellant/insurance company on this aspect, the Tribunal rightly held the point against the appellant/insurance company and there are no valid grounds to set aside the said finding. 6. Further, admittedly the appellant/insurance company did not seek permission under Section 170 of the Motor Vehicles Act to take the pleas available to the insured and hence, it is not open for it to question the quantum of compensation. Therefore, this point is also answered against the appellant confirming the finding of the Tribunal. 7. For the foregoing reasons, the appeal is dismissed without any order as to costs. ______________ Date:18-08-2009 R.KANTHA RAO, J CCM