NATIONAL INSURANCE COMPANY LIMITED Vs. ALAPATI UMALATHA

JUDGEMENT

(1.) AGGRIEVED by the Award dated 03.10.2006 in O.P.No.152 of 2006 passed by the Chairman, M.A.C.T -cum -District Judge, West Godavari, Eluru (for short the Tribunal), the 3rd respondent in the O.P./National Insurance Company Limited preferred the instant MACMA.

(2.) a) On factual side, on 09.06.2005 at about 11:00am, when the claimant along with her mother and daughter was proceeding in rickshaw and reached near Kakani Kalyana Mandapam at Hanuman junction, one lorry bearing No.AP 07 W 5189 being driven by its driver in a rash and negligent manner, dashed the rickshaw behind and thereby the claimant sustained grievous injuries. It is averred that the accident was occurred due to the fault of driver of the offending lorry. On these averments, the claimant filed O.P.No.152 of 2006 under Section 166 of Motor Vehicles Act, 1988 (for short MV Act) against respondents 1 to 3, who are driver, owner and insurer of the offending lorry and claimed Rs.10,00,000/ - as compensation under different heads mentioned in the O.P.

(3.) THE parties in this appeal are referred as they stood before the Tribunal.