NEW INDIA ASSURANCE CO. LTD. Vs. D. SUBRAMANYAM

JUDGEMENT

(1.) The present M.A.C.M.A is filed questioning the Judgment and Decree dtd. 25/5/2021 in M.V.O.P.No.494 of 2016 passed by the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Kurnool.

(2.) The Insurance Company is the Appellant herein.

(3.) The brief facts of the case are as follows:- On the intervening night of 21/22.06 .2015, the Claimant along with his friend by name M.V. Raghava Satish went to Chennamma Circle, Kallur Estate of Kurnool Town on his motor cycle. While the Claimant was waiting by the side of his motorcycle on the road side margin, the offending lorry bearing No.AP 02 X 8995 owned by the Respondent No.1 and driven by the Respondent No.3 came from Gooty Town side in a rash and negligent manner dashed the Claimant and also the motorcycle. As the Claimant suffered serious injuries, he was immediately taken to Government General Hospital, Kurnool for medical treatment. On the medical advice, the Claimant was shifted to Krishna Institute of Medical Sciences (hereinafter called as "KIMS") at Secunderabad, where he took medical treatment and was discharged on 30/6/2015. The M.V.O.P was filed under Sec. 166(1)(a) of the Motor Vehicles Act, 1988 claiming compensation of Rs.80,00,000.00 for the injuries sustained by him in the accident. As per the particulars furnished in the claim petition, no injuries were mentioned as fracture of right hand wrist, right leg, the segmental fracture of bones of right leg, lacerated wound over right elbow and grievous and bleeding injuries on the entire body. In the claim petition, it was mentioned that due to the accident, the Claimant is unable to sit or stand without the help of walking stick.