ORIENTAL INSURANCE CO LTD Vs. GANGULA BADRAIAH

JUDGEMENT

(1.) Aggrieved by the judgment and decree dated 28-08-2002 passed by the Motor Accidents Claims Tribunal, (District Judge) at Hyderabad in O.P.No.45 of 1996, the insurance company, which is the 3rd respondent in the claim petition, filed the present appeal, questioning its liability.

(2.) The case of the claimant is that on 22-02-1995, while he was travelling in the lorry bearing No. AET 1917, proceeding towards Banswada, at about 11-00 a.m., when the lorry reached near Dalmalgutta on the main road of Hyderabad to Banswada, the driver of the lorry, drove the vehicle at high speed and in rash and negligent manner, due to which the lorry turned turtle and he received injuries all over the body and sustained fracture to right lower femur and was shifted to Government Hospital, Banswada, where he was referred to Government District Head Quarters Hospital, Nizamabad and thereafter, he took treatment privately and incurred expenditure to a tune of Rs.60,000/-.

(3.) The further case of the claimant is that as on the date of the accident, he was aged 60 years, and was earning an amount of Rs.1,000/- as an agriculturist and that on account of the accident, he sustained permanent disability and is unable to do any work. With these averments, the claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.1,00,000/-.