PATHI LAKSMI Vs. K. SINDARRAJ AND ORS.

JUDGEMENT

(1.) THIS appeal by the injured claimant in MOP No. 362 of 2001 is directed against the common award dated 3.2.2004 passed in MOP Nos. 360 and 362 of 2001 by the learned Chairman, Motor Accidents Claims Tribunal -cum -District Judge, Vizianagaram. I have heard the submissions of the learned Counsel for the appellant/claimant ('the claimant' for brevity) and the learned Counsel for the 3rd respondent/insurance company ('insurance company' for brevity). The 1st respondent is the driver of the lorry involved in the accident and he was stated to be a not necessary party to this appeal. This appeal against the 2nd respondent/owner -cum -insured was dismissed for default. Even though this appeal is dismissed against the owner -cum -insured of the vehicle, the statutory liability of the insurance company survives for consideration and there is no need for the presence of the owner of the vehicle to decide the question of statutory liability of the insurance company at the appellate stage in the cases wherever the Tribunal had recorded a finding that the accident had taken place due to the rash and/or negligent driving of the driver of the motor vehicle and if the said finding is not challenged either by the owner of the vehicle or by the insurance company in view of a judgment of a Division Bench of this Court in Meka Chakra Rao v. Yelubandi Babu Rao @ Reddemma and others, : 2001 (1) ALD 453 (DB). 1A. The parties in this appeal shall hereinafter be referred to as the claimant and the Insurance Company for convenience and clarity.

(2.) THE case of the claimant and the facts leading to the filing of this appeal, in brief, are as follows:

(3.) A. The learned Counsel for the claimant would contend as follows : 'The Tribunal had awarded a meagre amount of Rs. 20,000/ - towards 'partial permanent disability', Rs. 2,000/ - under the heads 'transport, extra nourishment and incidental expenses' and Rs. 10,000/ - under the head 'pain and suffering' though the claimant had suffered seven injuries including grievous injuries, which had resulted in permanent partial disability to the extent of 25%, and the said disability had an impact on her earnings and earning capacity. The Tribunal had not awarded adequate amount under the head 'medical, hospital and other expenses' and had failed to award any compensation under the heads 'loss of earnings (past, present and future)' and other general/conventional heads. Hence the appeal may be allowed and just and fair compensation be awarded.'