CHOLAMANDALAM Vs. KASAM SRINIVAS REDDY

JUDGEMENT

(1.) Two different appeals have been filed against the award passed in M.V.O.P.No.390 of 2016 on the file of the District Judge, Nizamabad, by which the Court below allowed the petition filed by claimant and awarded a sum of Rs.47,900.00as compensation together with costs and interest @ 7.5% per annum on the ground of the injuries caused to the claimant in a road traffic accident.

(2.) M.A.C.M.A. No.649 of 2018 has been filed by the insurance company which is shown as R2 in the said O.P. with a prayer to set aside the award on the ground that there was no contract between the insurance company and owner of the vehicle involved in the accident to pay the amount on behalf of owner of the vehicle, whereas, M.A.C.M.A. No.893 of 2018 has been filed by the claimant i.e., petitioner in the above referred O.P. with a prayer to enhance the compensation from Rs.47,900.00 to Rs.2,00,000.00. Since both the appeals are against the same award and arguments of the respective appellants are common in the appeals, I am proposing to dispose both the appeals under a common Judgment.

(3.) One Kasam Srinivas Reddy, who herein after will be referred as petitioner has filed M.V.O.P.No.393 of 2016 under Sec. 166 of the Motor Vehicles Act, seeking compensation and it was his case that on 9/3/2016 at about 3.00 p.m., while he was standing in front of Syndicate Bank, Hyderabad road at Nizamabad, the driver of Auto bearing No.TS16UA8171 drove the auto in a rash and negligent manner, dashed the petitioner, ran over his left foot, thereby, he suffered multiple injuries including fracture of left foot, left leg toes, crush injuries to the left foot. He has filed the petition seeking the amount of Rs.2,00,000.00 as compensation on various grounds and he has claimed that he spent Rs.80,000.00 for treatment.