UNITED INDIA INSURANCE CO LTD Vs. K NARASIMLU

JUDGEMENT

(1.) This appeal is directed against the award in O.P. No. 1248 of 1996 on the file of the Motor Accidents Claims Tribunal-cum-III Additional Chief Judge, City Civil Court, Hyderabad, dated 31-07-2000 awarding a compensation of Rs. 41,500/- with proportionate costs and interest at 12 per cent per annum from the date of the petition till the date of realization against all the Respondents jointly and severally.

(2.) The factual background for the appeal is that on 09-07-1996 at about 9.45 A.M., the 1st Respondent herein and one J. Madhukar were proceeding in auto No. AP 23T 1360, while another auto No. AET 6950 came in opposite direction and dashed against their auto near Laxmi Rice Mill in the outskirts of Kulabgur village. The 1st Respondent herein and Madhukar sustained grievous injuries and were shifted to Government hospital, Sangareddy where Madhukar died. Later the 1st Respondent herein was shifted to Gandhi hospital, Secunderabad and was treated there. Sangareddy police registered Crime No. 83 of 1996 and investigated into the same and as the rash and negligent driving of auto No. AET 6950 caused the accident resulting in fracture of right femur of the 1st Respondent herein and consequential permanent disability, he claimed a compensation of Rs. 1,00,000/- with interest and costs. He claimed to have incurred Rs. 15,000/- towards medical expenses.

(3.) The 1st Respondent, owner of auto No. AET 6950, put the claimant to strict proof about his travel in the other auto and denied any rashness or negligence on the part of the driver of the auto in causing the accident. The compensation was also stated to be excessive and hence, the 1st Respondent desired the claim to be negatived.