NEW INDIA ASSURANCE COMPANY LIMITED Vs. SADA YADAGIRI

JUDGEMENT

(1.) The insurer / 2nd respondent filed this Appeal challenging the decree and order dt.05.10.2005 in MVOP. No.1582 of 2003 on the file of Additional Metropolitan Sessions Judge for Trial of Jubilee Hills Car Bomb Blast Case - cum - Additional Family Court - cum - XXIII Additional Chief Judge, Hyderabad on the aspects of liability and the quantum granted by the lower Court.

(2.) The case of 1st respondent / petitioner is that on 01.02.2003, at about 12:45 p.m. while he was proceeding on his motor-cycle bearing No.AP-28-S-2436 as rider along with his friend, from Bhagyanagar Water Works Section to JNTU Water Works Section, one seven-seater Auto bearing No.AP-9-W-1098 came in high speed and dashed the petitioner 's vehicle. As a result, he suffered injuries and was shifted to Kavya Hospital, later to Nizam 's Institute of Medical Sciences for treatment. Further, a case was registered in Cr.No.70/2003 by the P.S. Kukatpally; that the injured suffered in the accident caused permanent disability, hence filed petition claiming compensation under different heads.

(3.) The 1st respondent / petitioner filed O.P.No.1582 of 2003 seeking compensation for the injuries sustained by him during the accident which occurred on account of rash and negligent driving of the driver of 2nd respondent / 1st respondent.