UNITED INDIA INSURANCE CO.LTD. Vs. HAMEED KHAN

JUDGEMENT

(1.) This appeal is preferred by the appellant/2nd respondent/insurance company questioning the order of the Chairman, Motor Vehicles Accidents Claims Tribunal-cumThe Principal District Judge, Medak, at Sanga Reddy (for short, the Tribunal) in O.P.No.355 of 2002 dated 15.02.2005.

(2.) For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the Tribunal in the original petition.

(3.) The brief facts of the case are that on 29.12.2001 the petitioner was traveling by lorry bearing No.AP-9/U-6555 with his vegetable bags and when the lorry was near SOL Cross Roads, National Highway No.9, Patancheru, its driver drove it in a rash and negligent manner and dashed to another lorry bearing No.AHT 9285 that came in opposite direction, due to which, the accident occurred and the petitioner sustained fractured multiple injuries. The petitioner was admitted in Gandhi Hospital, Secunderabad. The petitioner, who is aged about 52 years, was working as vegetable vendor and earning Rs.3,000/- per month at the time of the accident, but due to the fractured injuries sustained in the said accident, he suffered great loss and hardship. Hence, the petitioner filed the claim petition claiming compensation of Rs.1,50,000/- with costs and interests, payable by both the respondents, being the owner and insurer of the offending lorry bearing No.AP-9/U-6555.