T SUBRAMANYAM Vs. G BHASKAR HUSSAINAIAH

JUDGEMENT

(1.) This appeal arises out of the order dated 13.10.2004 passed by the Motor Accidents Claims Tribunal-cum-III Additional District Judge, Kurnool in M.V.O.P. No. 201 of 2003. The claimants are the appellants. Originally the first appellant filed the claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs. 2,00,000/- for amputation of his left leg as a result of the injuries sustained by him in a motor vehicle accident. After the amputation, the injury was not healed up and ultimately it resulted in the death of the first appellant. Subsequent to his death, his wife and children got themselves impleaded in the claim petition as his legal representatives and they prayed for granting compensation on account of the death of the first appellant. They also filed an amendment petition seeking enhancement of claim to Rs. 5 lakhs which was allowed by the learned Tribunal.

(2.) The learned Tribunal made an enquiry into the claim, during the course of which, the wife of the deceased was examined as PW.1, a private medical practitioner was examined as PW.2 and Exs.A1 to A15 were marked. On behalf of the respondents, Senior Assistant in the Insurance company was examined as RW1.

(3.) It was the case of the claimants that on 07.06.2001 at 4.00 PM while the first appellant, (the deceased) the fourth appellant, wife of the deceased and two others viz B.Venkata Lakshmi Devi and Mohan were proceeding to the bus stand and when they reached Near Andhra Bank, Nandyal at about 04.00 PM, an auto bearing No. AP 21 T 6376 driven in a rash and negligent manner came from behind and dashed the deceased, due to which the left leg of the deceased was fractured and he also received some other injuries. In the first instance, he was shifted to the hospital of PW2, who is a private medical practitioner. From there, he was taken to the Government Hospital, Nandyal, and then to the Government General Hospital, Kurnool 2/3rd of his left leg was amputated, but the injury was not healed up and ultimately as a result of infection of the injury he died. The accident occurred on 07.06.2001 and PW.1, the wife of the deceased lodged first information report on 22.07.2001 i.e. nearly 45 days after the accident. The learned Tribunal upheld the contention of the second respondent/Insurance company that the auto bearing No. AP 21 T 6376 was not at all involved in the accident and a false claim had been laid against the insurance company in collusion with the owner and driver of the auto and also traffic police, Nandyal.