NEW INDIA ASSURANCE CO LTD Vs. BHIMAVARAPU PRAATHAP

JUDGEMENT

(1.) Aggrieved of the order and decree dated 19.2.2003 passed in O.P. No.227 of 1998 by the learned Chairman, Motor Accident Claims Tribunal-cum-District Judge, Khammam, granting compensation of Rs.2.00 lakhs for the injuries sustained by the claimant - first respondent herein, the Insurance Company preferred this civil miscellaneous appeal.

(2.) Few facts, that are necessary for the disposal of this appeal, in nutshell, are that on 14.8.1997 the respondent-claimant was returning on his cycle to telephone booth and when he reached opposite to Nagabhushanam Hospital, Wyra Road, Khammam, a jeep bearing No.AP-20T-756 came in the opposite direction in high speed in a rash and negligent manner, and dashed against the respondent-claimant and it ran over him as a result of which he sustained crush injuries and other grievous injuries. Therefore, the claimant preferred compensation of Rs.3,00,000/-.

(3.) The driver and owner of the jeep were set ex parte and the appellant herein being insurer of the said vehicle filed counter denying the averments of the claim petition and contended that the driver of the jeep was not holding a valid driving licence. Appellant also seeks protection under Sections 147, 149 and 170 of the Motor Vehicles Act.