UNITED INDIA INSURANCE COMPANY Vs. BOGGILA HARINI

JUDGEMENT

(1.) This appeal is filed by the appellant/Insurance Company aggrieved by the judgment and decree dtd. 22/1/2019 passed inO.P.No.98 of 2018 by the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge, Asifabad (for short "the Tribunal").

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

(3.) The brief facts of the case are that the minor claimant, represented by her father and natural guardian, filed a petition under Sec. 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.3,25,000.00 for the injuries sustained by her in a motor vehicle accident that occurred on 19/3/2017 at about 5.40 p.m. It is stated that while the minor claimant was coming out of her house at Ramnagar, Thegalpahad village, a Hero Glamour motorcycle bearing No.TS-01-ED-4634, driven in a rash and negligent manner and at high speed by the respondent No.1, dashed her and ran over her right leg, causing grievous fractures of both bones of the right leg. Immediately, she was shifted to Vennela Ortho Hospital, Mancherial, where she was treated as an inpatient for seven days i.e, from 19/3/2017 to 25/3/2017 and surgery was performed by fixing implants. It is further stated that her father spent a considerable amount towards medical expenses, transport, and attendant charges and claimed compensation of Rs.3,25,000.00.