VAVILALA YUGENDER MAHENDER Vs. D RAVI SHANKER

JUDGEMENT

(1.) These two appeals are being disposed of by this common judgment since M.A.C.M.A.No.2142 of 2018 filed by the claimants and M.A.C.M.A.No.2793 of 2018 filed by the Insurance Company, are directed against the very same judgment and decree, dtd. 5/1/2018 made in M.V.O.P.No.383 of 2011 on the file of the Motor Accident Claims Tribunal-cum-IV Additional District Judge, Ranga Reddy District (for short 'the Tribunal').

(2.) For the sake of convenience, hereinafter the parties are referred to as per their array before the Tribunal.

(3.) Brief facts of the case are that initially, claimant No.1 (hereinafter referred to as 'the injured') filed a petition under Sec. 166 of the Motor Vehicles Act claiming compensation of Rs.8,00,000.00 for the injuries sustained by him in a road accident that occurred on 23/3/2011. It is stated that on 23/3/2011, at 20:00 hours while the injured, after attending his duty in a chemical factory, approaching the bus stop by walk to catch a bus to go to his residence and when he reached near Dundigal Thanda-I, one Lorry bearing No.AP 28 T 5959, owned by respondent No.1 and insured with respondent No.2, being driven by its driver in a rash and negligent manner at high speed, dashed the injured. As a result, the injured fell down and the front wheel of the lorry ran over his right hand. It is further stated that immediately after the accident, the injured was shifted to Gandhi Hospital, where an operation was conducted on 26/3/2011 and his right hand was amputated above the elbow. During pendency of the claim-petition, in view of death of claimant No.1, claimant Nos.2 to 6, being his children and parents, came on record as his legal representatives vide orders in I.A.No.1397 of 2014, dtd. 24/3/2015.