UNITED INDIA INSURANCE CO LTD Vs. V CHELLAIAH

JUDGEMENT

(1.) This appeal is preferred by the appellant-Insurance Company questioning the Order and Decree of the Motor Accident Claims Tribunal-cum-XII Additional Chief Judge, City Civil Court, Hyderabad (for short, the Tribunal) in M.V.O.P.No.519 of 2014, dated 16.03.2018.

(2.) The brief facts of the case are that on 05.07.2013 at about 2.00 P.M., after purchasing vegetables at Bachupally X Roads, while the claimant was proceeding by walk, and when he reached cross roads, a lorry tipper bearing No.AP28TA 1044 came from Gandimysamma side at high speed in a rash and negligent manner and dashed the claimant. In the said accident, the appellant sustained severe and grievous injuries and immediately, he was shifted to the hospital. He filed the aforesaid MVOP against owner of the lorry (respondent No.2 herein) and insurer (appellant herein), claiming compensation of Rs.5,00,000/- for the injuries sustained by him.

(3.) Before the Tribunal, owner of the lorry, remained ex parte. The appellant-Insurance Company filed its counter denying the allegations and contended that the amount claimed by the claimant is highly excessive and that it is not liable to pay any compensation and prayed to dismiss the claim petition.