BONGU ANURADHA Vs. K SUBHASH

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant aggrieved by the Order and Decree dated 18.07.2008 passed in O.P.No.2775 of 2005 by the II Additional Chief Judge, City Civil Court at Hyderabad (for short, the trial Court).

(2.) The brief facts of the case are that on 17.04.2005, while the appellant was traveling as a pillion rider on a motorcycle, near Yellamma Temple, one Tempo-trax vehicle bearing No.AP24V 3417, came in a rash and negligent manner at high speed and hit the motorcycle in the opposite direction. In the said accident, the appellant sustained grievous injuries. She filed aforesaid OP against respondents Nos.1 and 2, owner and insurer of Tempo, respectively, claiming compensation of Rs.2,00,000/- for the injuries sustained by her.

(3.) Before the trial Court, respondent No.1 remained ex parte. Respondent No.2 filed its counter denying the averments of the claim petition and contended that the accident occurred due to the negligence on the part of the driver of the motorcycle and that the amount claimed is excessive and prayed to dismiss the claim petition.