UNITED INDIA INSURANCE COMPANY LIMITED HYDERABAD Vs. MOHD KHAJ RASOOL SAYYED AND MOHD KHAJAMAIN SHAIK

JUDGEMENT

(1.) All these appeals are being heard along with other connected matters in view of the common question involved mainly whether in the case of injuries and for compensation therefor, in the absence of medical, oral evidence in support of the documents which include the certificates and bills etc., can be accepted or relied on for the purpose of determining the quantum.

(2.) Before proceeding to decide the question, it is necessary to delve into certain facts involved in these appeals.

(3.) C.M.A. No. 1760 of 1999 is at the instance of the insurance company which is aggrieved against the award of compensation under Section 166(1) of the Motor Vehicles Act read with 455 of the rules framed thereunder, awarding a compensation of Rs.2,00,000/-, with interest at 12% per annum from the date of the application fixing the liability jointly and severally against the insurance company and also the owner of the vehicle involved. On 19.9.1996, the claimant, who was working as a driver on the Jeep bearing No.AAA 1969(T) was proceeding from Bellampalli to Manchiryal and when the Jeep reached near Bokkalagutta bus stage, suddenly a buffalo came across the road, the claimant took the vehicle to the left side of the road to avoid dash and in that attempt, the Jeep slipped and fell down since there was mud on the road due to rain and as a result of the accident, the claimant sustained injuries all over his body and fractures to his both legs. The other inmates of the Jeep also sustained injuries. The claimant was treated in Manchiryal Nursing Home and later he was shifted to NIJMS at Hyderabad. It is his case that still he is undergoing treatment. Since he has suffered disability due to the injuries and fractures sustained in the accident, he made a claim of Rs. 2,00,000/-.