(1.) The Insurance Company which suffered an award for a sum of Rs. 20,00,000/-, for the injuries suffered by the claimant in the motor accident that occurred on 31.08.2012 at about 17.45 hours at Chillakur Village, Naidupet Taluk, Nellore District is the appellant. The appellant Insurance Company had also taken out an application in CMP.No.19359 of 2016 for reception of additional evidence.
(2.) The case of the claimant before the Tribunal was that on 31.08.2012, while he was travelling as a passenger in the Auto-Rickshaw bearing registration No.AP-03-UB-PR 2501 from Naidupet to Thirupathi, the driver of the auto drove the vehicle in a rash and negligent manner endangering public safety, lost control and dashed against the electric post. The Auto capsized causing grievous injuries to the claimant. The injuries suffered resulted in amputation of the right leg above knee. Contending that the claimant had suffered permanent disability and lost earning power, the claimant sought for a compensation of Rs. 25,00,000/-.
(3.) The Insurance Company resisted the claim petition contending that there was no negligence on the part of the Auto driver. It was also contended that the auto-rickshaw in question had only a temporary registration and had no permit to carry passengers. Therefore, according the Insurance Company there was a violation of the policy condition and hence the Insurance Company is not liable. The Insurance Company also denied the nature of injures and the quantum of loss claimed by the injured claimant.