RELIANCE GENERAL INSURANCE CO. Vs. GUGLOTH SARAIAH

JUDGEMENT

(1.) This appeal is filed by the Insurance Company, aggrieved by the Order and Decree dtd. 21/1/2021 in M.V.O.P.No.252 of 2018 passed by the Chairman, Motor Accident Claims Tribunal-cum-VIII Additional District Judge, (FTC)., Warangal (for short "the Tribunal").

(2.) For convenience and clarity, the parties herein are referred to as they were arrayed before the Tribunal.

(3.) The case of the petitioner before the Tribunal was that on 14/12/2017 at about 19:30 hours, the deceased was going along with his relative by riding his Hero Honda Shine Motor Cycle bearing No.TS-03-JTR-8931 coming towards Pasra and when they were about to reach the bus stop, he saw an unknown vehicle coming from Pasra, and so he had taken his vehicle to a side to stop it, but a Lorry bearing No.Ap-24-U-9931 was parked there negligently without any indicator and without taking any precautions, as such, he hit the parked lorry and fell down on the road along with his relative, as a result he sustained grevious head injury and was immediately shifted to Guardian Hospital, Warangal and from there he was shifted to Yashoda Hospital, where he was treated as an in patient and was discharged on 27/12/2017, but again he was readmitted on 28/12/2017 and was discharged on 2/1/2018, due to the said injuries, he became permanently disabled. Thus, he claimed a compensation of Rs.25,70,000.00.