NEW INDIA ASSURANCE CO. LTD. Vs. CH. SANJEEVI

JUDGEMENT

(1.) This appeal is preferred by the appellant/2nd respondent/insurance company questioning the order of the Motor Vehicles Accidents Claims Tribunal-cum-III Additional Chief Judge, City Civil Courts, at Hyderabad (for short, the Tribunal) in O.P.No.1832 of 2001 dated 28.02.2006.

(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 15.11.2000 while the petitioner was proceeding on his scooter bearing No.AP 28D 7079 from his factory towards Chintal, a lorry bearing No.AP 10T 9342 came in opposite direction in a rash and negligent manner with high speed and dashed the petitioner's vehicle. As a result, the petitioner fell down and sustained compound comminuted fracture of shaft tibia (left) and other multiple injuries all over the body. Immediately, he was shifted to the CDR Hospital, Hyderabad, for treatment wherein he was treated as inpatient from 15.11.2000 to 20.03.2001 under Jeevandata Scheme. The petitioner is still undergoing treatment. He spent Rs.1,90,000/- for his treatment. He is suffering from pain and permanent disability. At the time of the accident, the petitioner was an employee in Choice Tools India Private Limited, Raghurampur Colony, Jeedimetla, Ranga Reddy District, and working as EDM Operator. He used to draw Rs.4,100/- per month as salary. Because of the permanent disability sustained by him, he was removed from his services. Thus, he lost his livelihood. The 1st respondent is the owner and the 2nd respondent is the insurer of the offending vehicle. Hence, the petitioner filed the claim petition claiming a compensation of Rs.12,00,000/- with interest @ 18% per annum from the date of petition till the date of realization and costs, payable by both the respondents.