NATIONAL INSURANCE COMPANY LIMITED Vs. M. SAMPATH KUMAR

JUDGEMENT

(1.) This appeal is preferred by the insurance company against the award 22.02.2008 in M.V.O.P.No.236 of 2005, passed by the Motor Accidents Claims Tribunal-cum-Family Court-cum-II Additional District Judge, Kurnool at Adoni (for short "the tribunal").

(2.) The parties hereinafter referred to as petitioners and respondents as arrayed in the Tribunal.

(3.) The case of the claimant is that on 20.06.2005 the petitioner along with his wife, his brother and his wife went to Kurnool in their car bearing No.A.P.21B 1805 from Adoni for the treatment of his brother Murali Krishna. After the treatment, while they were returning from Kurnool town, the petitioner saw his friend P. Moula Sab and the said Moula Sab also joined them in the return journey and he was driving the car at the time of accident. While Moula Sab was driving and cross Gonegandla near Ralladoddi village, a buffalo came in opposite direction. Moula Sab dashed the car to a boulder on the side of the road to avoid hitting the buffalo. Due to which the petitioner and driver Moula Sab sustained grievous injuries. They were rescued and taken to Karimnagar hospital by the MLA of Yemmiganur who was passing in his vehicle and took the injured persons to Yemmiganur hospital, to there their own friend Purusottam Reddy, on receipt of the message from his wife reached, and both of them were taken to Gowri Gopal Hospital, Kurnool and admitted there. The petitioner had undergone treatment and surgery in the said hospital and was an inpatient there for three months. The petitioner sustained a grievous injury to his head, involving a fracture, and he is still taking treatment. He has incurred much expenditure towards treatment and the other related expenditure. The Station House Officer, Yemmiganur Rural Police Station registered a case in Crime No.46 of 2005. The petitioner claimed that he is a Commission Agent and does financial business and earning Rs.30,000/- per month. He is also an income tax assessee. After the accident, he is not able to pursue his business. His car is insured with the respondent-insurance company and the policy was in force at the time of the accident. Therefore, he claimed the compensation of Rs.3,00,000/- under different heads mentioned in the OP.