PERSONAL INCHARGE, ICICI LOMBARD GENERAL Vs. RALLAPALLI KULLAYAPPA

JUDGEMENT

(1.) This MACMA is preferred by the person Incharge ICICI Lombard General Insurance Company Limited, who is arrayed as 2nd respondent in MVOP.No.693 of 2009 on the file of Chairman, Motor Accidents Claims Tribunal - Cum - III Additional District Judge (Fast Track Court), Anantapur questioning the order dt.30/4/2012 awarding compensation amount of Rs.36,000.00 with proportionate costs to the claimant.

(2.) For convenience's sake, hereinafter, the parties will be referred to as they were arrayed in MVOP.No.693 of 2009.

(3.) The claimant filed the claim petition under Ss. 140 and 166 of MV Act and Rule 455 of Motor Vehicle Rules, 1989, claiming a compensation amount of Rs.1,00,000.00 together with interest and costs for the injuries sustained by the petitioner in a road accident. According to the petitioner, on 13/11/2008, he travelled in a 407 van bearing No.AP-03-V-5279 (hereinafter referred to as an offending vehicle) as Hamali, along with others, after loading Papaya fruits into the vehicle. When they reached Manella cross at about 04.00 PM, the offending vehicle's driver drove it rashly and negligently lost control of it; he applied sudden breaks. Due to this offending vehicle turned turtle and fell on the left side of the road. As a result, he sustained injuries. He got admitted to Government Hospital, Ananthapur. He took treatment as an inpatient for 40 days and underwent surgeries. Doctors inserted steel rods, and he became a permanently disabled person.