SEESAM NAGA LAXMI Vs. SHAIK HUSSAIN MOHAMMED

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant aggrieved by the order and decree, dtd. 13/7/2010 passed in M.A.T.O.P.No.999 of 2004 on the file of the Motor Accidents Claims Tribunal (II Additional District Judge) (FTC), Khammam (for short, the Tribunal).

(2.) For the sake of convenience, the parties hereinafter referred to as arrayed before the Tribunal.

(3.) The brief facts of the case are that on 23/3/2004 at about 2.00 P.M., the claimant went to medical shop to purchase some medicines and while she was returning to her house, meanwhile one Auto bearing No.AP 20 V 5648 driven by its driver in a rash and negligent manner at high speed and dashed the claimant, due to which she fell down and sustained head injury and also injuries all over the body. Basing on a complaint, a case in Crime No.20 of 2004 has been registered against the driver of the Auto. It is also stated that immediately after the accident, the claimant was shifted to Government Hospital, Dammapeta and from there shifted to Dr. Shashi Super Specialty Hospital, Khammam, where the claimant underwent surgery and the parents of the claimant spent Rs.60,000.00 towards medical and other expenses. The claimant filed aforesaid O.P. against respondent Nos.1 and 2, owner and insurer of aforesaid Auto, respectively, claiming compensation of Rs.1,50,000.00 for the injuries sustained by her.