S. CHANDRASHEKAR, S/O S. SUBBARAYUDU Vs. MALLIKA, W/O KT. RAJU AND THE MANAGER, UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) CLAIMANT in M.V.C. 2978/2007 on the file of MACT, Court of Small Causes, Bangalore (SCCH -10) is the Appellant in this appeal.

(2.) FACTS necessary for the consideration of the present appeal are as under: It is the case of the claimant that on 12.03.2007 at about 1.15 p.m. claimant was sitting on the Sendee Road near Bagalur cross, taking lunch, then the driver of the lorry bearing registration No. MED 868 belonging to the Respondent No. 1 on account of the rash negligent driving by the driver has dashed against the Petitioner. It resulted in claimant's both the legs receiving grievous injuries. On account of it, he was shifted to Colambia Asia Hospital. Yashoda Hospital Hyderabad. At Yashoda Hospital right leg was amputed, he has lost upper teeth, artificial teeth were fixed. There is a total disablement of the person as he is not in a position to carry out his occupation as a driver of the vehicle. So pray for a compensation of Rs. 25.00 lakhs.

(3.) THE Insurance Company has filed objections, call upon the Petitioner to prove the manner in which the accident has occurred, its impact contend that the claim is exaggerated. Assert that the liability of the company is strictly in accordance with the terms of the policy, plead for dismissal of the claim application.