UNITED INDIA INSURANCE CO.LTD. Vs. CHUKKA KISTAIAH

JUDGEMENT

(1.) Macma.No.3314 of 2011 is filed by the insurance company and Cross Objection No.33 of 2019 is filed by the claimant challenging the Award dated 21.02.2011 in MVOP.No.71 of 2009 on the file of the Motor Accidents Claims Tribunal-cum-III Additional District Judge, Warangal (for short, the Tribunal).

(2.) For the sake of convenience, the parties shall be referred to as they are arrayed before the Tribunal.

(3.) The brief facts of the case are that on 22.05.2006 at about 9.00 pm., while the petitioner was returning to Laxmakkapally Village in auto bearing No.AP1U 3354, and when the auto reached Ravulagadda, the India car bearing No.AP36L 299 came in opposite in a rash and negligent manner with high speed and dashed against the auto. In the said accident, the petitioner sustained fracture to neck of right femur, commuted compound fracture (rupture) of right fibia and fibula and simple injuries all over the body. The petitioner filed aforesaid MVOP claiming compensation of Rs.9,83,000/- against the respondents, owner and insurer of the car respectively, for the injuries sustained by him in the accident.