NEW INDIA ASSURANCE COMPANY LTD Vs. ANNA RAMPRASAD

JUDGEMENT

(1.) As both the appeals and MACMP No. 6605 of 2008 seeking amendment of claim petition arise out of the judgment and award dated 31.08.2004 passed in MVOP No. 661 of 2003 on the file of the III Motor Accidents Claims Tribunal, Warangal, the same are disposed of by this common judgment. For the sake of convenience, parties are referred to as they are arrayed in the O.P.

(2.) Originally, the claimant filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs. 3.00 lakhs for the injuries sustained by him in respect of an accident which took place on 10.01.2003 at 6.00 p.m. near Pendyala village bus stop, Dharamasagar Mandal, Warangal District. According to the claim petition, on that day the claimant along with another person were returning on Suzuki Motorcycle from Janagaon to Warangal. On the way one auto bearing No. AP 36 V 4894 driven by its driver in a rash and negligent manner, dashed against the motorcycle in which the claimant was travelling along with one Lagishetty Krishna Murthy. Because of the said accident, the claimant sustained injuries. According to the claimant, he was aged 27 years at the time of accident and was working as medical representative, earning Rs. 7,000/- p.m.

(3.) The third respondent who is the insurer of the offending auto filed counter denying the allegations made in the claim petition. According to them, a report about the alleged incident was given two days after the incident which falsifies the involvement of the auto bearing No. AP 36 V 4894. The claim of the claimant to the effect of spending Rs. 60,000/- towards medicines and his right leg being shortened is being disputed. According to them, no responsibility can be fastened on them unless it is established beyond doubt that the said auto was involved in the accident. In any event, it is stated that the claim made is highly excessive.