LAWS(APH)-1997-8-118

KAMALA R Vs. UNITED INDIA INSURANCE CO LTD

Decided On August 19, 1997
R.KAMALA Appellant
V/S
UNITED INDIA INSURANCE CO. LTD. REP. BY ITS DIVISIONAL MANAGER, HYDERABAD Respondents

JUDGEMENT

(1.) The claimant in O.P.No. 32/87 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Ranga Reddy District, preferred this appeal against the order passed on 8-9-1988.

(2.) R. Kamala, the claimant, aged about 28 years and working as a teacher on a monthly remuneration of Rs. 1,520/- at Tandur, sustained grievous injuries on 10-9-86 in a motor vehicle accident caused due to rash and negligent driving of the lorry AAA 9720 by its driver. She was admitted in Govt. Hospital at Tandur on 10-9-86 and then referred to Osmania General Hospital, Hyderabad for expert treatment. After discharge from Osmania General Hospital on 24-9-86, she was again admitted at the Govt. Hospital, Tandur, on the same day and was treated as in-patient till 2-1-87. The crush injury of her right ankle joint extending from the dorsum of the foot to the sole of the foot measuring 12" x 2" x 2" resulted in shortening of foot and its disfigurement and the said permanent disability was assessed at 20% to 25%. She preferred the above claim for a total compensation of Rs. 10,00,000/- from the owner and insurer of the lorry involved in the accident. The claim was resisted. The tribunal, after due enquiry, found that the accident occurred due to rash and negligent driving of the lorry AAA 9720 by its driver and awarded a total compensation of Rs. 53,000/-, with interest at 9% p.a. from the date of petition till payment. The claimant, dissatisfied with the amount of compensation awarded, preferred this appeal for enhancement.

(3.) During pendency of this appeal, the owner, the first respondent in the appeal died. The appeal as against R-1 was dismissed. The order dated 25-7-97 reads: