M.PUSHPA Vs. MOHD SHARFUDDIN

JUDGEMENT

(1.) This appeal is filed by the appellant/claimant aggrieved by the order and decree dated 19-03-2014 passed in O.P.No.1628 of 2009 by the Chairman, Motor Accidents Claims Tribunal-cum-II Additional Chief Judge, City Civil Courts, Hyderabad (for short, the Tribunal).

(2.) The brief facts of the case are that on 15.05.2009 at about 7.00 PM., the petitioner along with her husband by name Anand Reddy was proceeding on motorcycle bearing No.AP28CA 7423 from Ramayampet towards Medchal and on reaching Toopran by-pass road, the lorry bearing No.AP26T 3353 driven by its driver in a rash and negligent manner and at high speed and while trying to take a turn, hit the motorcycle, as a result, the petitioner fell down from the motorcycle and received multiple injuries. Immediately, she was shifted to Balaji hospital in an ambulance, where her left leg above knee was amputated and she underwent operation and fixed with screws. The claimant filed a petition, claiming compensation of Rs.15,00,000/- for the injuries sustained by her.

(3.) The first respondent remained ex parte and the second respondent filed a written statement, denying the allegations made in the claim petition inter alia contending that the amount of compensation claimed by the petitioner is excessive, exorbitant, imaginary and out of proportion and sought to dismiss the petition.