M G NAGARATHNA Vs. A SRINIVAS

JUDGEMENT

(1.) This appeal is directed against the order dated 15.9.2005 in OP No. 1667 of 2003 on the file of the MACT cum X Additional Chief Judge, City Civil Court, Hyderabad, wherein the said claim application filed by the appellant herein for compensation was allowed in part, awarding compensation of Rs. 16,000/- with interest at 9% per annum from the date of petition. Heard both sides. Perused the record.

(2.) The appellant herein filed claim application under Section 163A of the Motor Vehicles Act seeking compensation of Rs. 1,00,000/- for the injuries sustained by her in the motor vehicle accident that occurred on 13.10.2002. According to the claimant, on that day, she along with other family members, was proceeding in Tata Sumo bearing No. AP 28 V 1124 from Malakpet, Hyderabad to Shiridi and on the way, at the outskirts of Pandaripur, on account of rash and negligent driving of the vehicle by its driver, dashed against a tree on the road side, resulting in injuries to the appellant and others. According to the claimant, she sustained fracture injuries and spent huge amounts for treatment and on account of the said injuries she is unable to do any work and that she was aged 55 years at the time of the accident.

(3.) The owner of the Tata Sumo remained ex parte. The insurer filed counter, opposing the claim and denying their liability to pay the compensation.