NATIONAL INSURANCE CO. LTD. Vs. N.B. SANTHAMMA

JUDGEMENT

(1.) Aggrieved by the Order dtd. 5/9/2012 in M.V.O.P. No.11 of 2008 passed by the Chairman, Motor Accidents Claims Tribunal- cum-IV Additional District Judge, Tirupati (for short 'the tribunal'), whereby the tribunal awarded compensation Rs.4,54,000.00 with subsequent interest thereon at 7.5% per annum from the date of petition till the date of realization in favour of the claimant, the 2nd Respondent - M/s. National Insurance Company Limited, represented by its Divisional Manager preferred this appeal seeking to set aside the order passed by the tribunal.

(2.) For convenience sake, hereinafter the parties will be referred to as they were arrayed in the O.P.

(3.) The petitioner filed M.V.O.P. under Sec. 166 (1) (a) of the Motor Vehicles Act, 1988 (for short 'the Act') claiming compensation of Rs.10,00,000.00 with interest due to the injuries sustained by her in a motor vehicle accident that occurred on 15/12/2005 at about 4.30 AM at Puthalapattu Village of Chittoor-Tirupati main road. The case of the claimant is that on 15/12/2005 at about 3.00 AM herself and her husband and other relatives were proceeding to Kanipakam in the jeep bearing No.AP 03 V 7323 of the 1st respondent, which was insured with the 2nd Respondent, when the jeep reached Puthalapattu Village near Kanipakam cross, at 4.30 AM, the driver of the jeep drove the same in a rash and negligent manner and went extreme left side of the road margin and hit back side of the stationed lorry bearing No.ADC 4919, resulting which the petitioner sustained crush and severe bleeding injury to her left hand and also sustained other injuries all over the body.