ORIENTAL INSURANCE COMPANY LTD Vs. NUNE MASTAN

JUDGEMENT

(1.) The insurer of the vehicle (tipper) bearing No.ATN 3221 filed this C.M.A., aggrieved by the order, dated 8/4/2002, passed in O.P.No.150 of 1998 on the file of the Motor Accidents Claims Tribunal (IV A.D.J.) Guntur.

(2.) The first respondent filed the O.P. claiming a sum of Rs.3,00,000.00 as compensation. He stated that on 19/5/1991, he boarded a van bearing No.MDA 4871 at his village with a view to go to Narasaraopet, Guntur District and at about 10.30 am, when the van reached Satuluru Village and crossed a lorry coming from the opposite direction, the tipper came in a rash and negligent manner and collided with the van. Five persons are said to have died and that he sustained injuries to all his limbs. He was shifted to Government Hospital, Narasaraopet and thereafter, referred to Government General Hospital, Guntur. It was pleaded that he was on bed for seven months and still his hands and legs did not become functional to the level of normalcy. Claiming that he was dependent upon his daily earnings through labour and that he had become crippled, he prayed for award of compensation on several heads.

(3.) The owner of the vehicle remained ex parte. The O.P. was opposed by the appellant alone.