NEW INDIA ASSURANCE CO.LTD Vs. K VENKATESH

JUDGEMENT

(1.) M.A.C.M.A.No.2390 of 2017 is filed by the insurance company challenging its liability to pay the compensation, while M.A.C.M.A.No.2580 of 2017 is filed by the claimant/injured seeking enhancement of the compensation. Both the Appeals are against the award and decree dt.9/1/2017 in M.V.O.P.No.784 of 2012 on the file of the Motor Accidents Claims Tribunal-cum-XIII Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad (for short, "the Tribunal').

(2.) Brief facts leading to the filing of the above Appeals are that on 29/10/2011, at about 4.20 p.m., the claimant was travelling on his motor cycle bearing No.AP 13Q 3334 from Balanagar to Prashanthnagar, KVB Company when Tata Ace vehicle bearing No.AP 09TA 3393 came at high speed from sub road to main road and dashed against the claimant's motor cycle and consequently the claimant fell down and sustained fractures of both hands, head injury, injuries to face, shoulder and blunt injuries all over the body. The claimant was shifted to a nearby hospital and thereafter, he has recuperated and recovered from the injuries. Police have registered an FIR in P.S. Kukatpally as Crime No.996 of 2011 under Sec. 337 of the IPC against the crime vehicle and its driver. The claimant, thereafter filed the claim petition before the Tribunal seeking compensation of Rs.6,00,000.00 for the injuries caused to him. The Tribunal has framed the following issues for trial:

(3.) As regards issue No.1, the Tribunal has held that the accident has occurred due to the rash and negligent driving of Tata ACE vehicle AP 09TA 3393 and as regards issue No.2 also, it was held that the petitioner is entitled for a compensation of Rs.2,05,000.00 in all.