DANNAMANENI ANASURYA Vs. BORRU MALLADRI

JUDGEMENT

(1.) This appeal is directed against the order dated 7.9.2007 in OP No. 655 of 2005 on the file of the MACT cum IV Additional District Judge, Karimnagar, wherein the said claim application filed under Section 166 of the Motor Vehicles Act, was allowed in part, granting compensation of Rs. 69,500/-. Heard the Learned Counsel for the appellant and the Learned Counsel for the 2nd respondent-insurer. Perused the record.

(2.) The appellant herein filed claim application seeking compensation of Rs. 2,00,000/- for the injuries sustained by her in the motor vehicle accident that occurred on 27.1.2005. According to the appellant, on that day, she was proceeding in Maruti Zen car bearing No. AP 36 G 4959 from Hanamkonda to Hyderabad and after crossing Ghanpur, another Maruthi car bearing No. AP 29-A 8930 came in the opposite direction driven in a rash and negligent manner and dashed against the appellant's car, resulting in fracture of right orbit, fracture of right femur and fracture of right fore head, besides other injuries and that she was shifted to Rohini Medi Care Hospital, Warangal and from there she was shifted to Mahavir Hospital, Hyderabad, where she under went surgery for insertion of plate and screws and that she was discharged on 2.2.2005. A case in Cr.No. 7 of 2005 was registered against the driver of the offending Maruthi car. It is further pleaded that the appellant was aged 65 years and was doing tailoring work and earning Rs. 3000/- p.m.

(3.) The first respondent-owner of the offending vehicle remained ex parte. The 2nd respondent-insurer filed counter, opposing the claim and denying their liability to pay the compensation.