G.A.LAKSHMI Vs. MD.ABDUL QUADAR

JUDGEMENT

(1.) THE claimant in the claim petition O.P.No.1646 of 2001 under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act') filed this appeal, having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunal -cum -III Additional Chief Judge, City Civil Court, Hyderabad (for short, 'Tribunal') dt.09.12.2004, dismissing the relief of compensation of Rs.1,00,000/ - as prayed for the damages caused to her car bearing No.AP 9S 5569 against the respondents 1 to 3, driver, owner and Insurer of the Crime Lorry bearing No. AP 12 T 4855.

(2.) HEARD Sri Balaji Medamalli, the learned counsel for the appellant The appeal against respondents 1 and 2(driver and owner) is dismissed for default vide court orders dated 02.01.2012. The respondent No.3 -insurer served with notice but called absent with no representation. Taken as heard the 3rd respondent for his absence to decide on merits and perused the material on record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(3.) NOW the points that arise for consideration in the appeal are: 1. Whether the award of the Tribunal is unjust and unsustainable and requires interference by this Court while sitting in appeal against the award and if so to what extent to arrive a just compensation and with what rate of interest with what liability 2. To what result POINT -1: