UNITED INDIA INSURANCE CO. LTD Vs. CHERUKURI SHEKAR

JUDGEMENT

(1.) This appeal is preferred by the appellant-Insurance Company, questioning the award and decree, dtd. 29/10/2011 passed in O.P.No.815 of 2007 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge (I FTC) at Nalgonda (for short, the Tribunal).

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

(3.) The claimant filed a petition under Sec. 166 of the Motor Vehicles Act claiming compensation of Rs.50,000.00 for the injuries sustained by him in a motor vehicle accident occurred on 16/5/2007. It is stated in the claimpetition that on the date of accident, while the claimant boarded an auto bearing No.AP 24 U 6333 in order to go to Chakirala Village and when the auto reached near Madina Chicken Centre, N.H.No.9 at Kodada, one Indica Car bearing No.AP 16 TV 6593 driven by its driver in a rash and negligent manner with high speed, dashed the auto, as a result of which, the claimant and other inmates of the auto sustained injuries. Basing on a complaint, a case in Crime No.77 of 2007 has been registered against the driver of the Car. The claimant filed aforesaid O.P. against the respondents 1 to 3, being the driver, owner and insurer of the aforesaid Indica Car.