NATIONAL INSURANCE COMPANY LIMITED Vs. SALLURI RAJENDRA KUMAR

JUDGEMENT

(1.) This appeal is preferred by the appellant/insurance company questioning the order of the X Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad (for short, the trial Court) in O.P.No.3109 of 2004 dated 11.12.2006. The 1st respondent/claimant also filed cross-objections being aggrieved by the order of the trial Court.

(2.) The brief facts of the case are that on 24.10.2004 at about 6.30 A.M., when the 1st respondent/petitioner/claimant along with his friend going to his friend's house at Nampally on Yamaha vehicle bearing No.AP 10C 2843 and from there they left to go to Dilsukhnagar and while reaching Nampally to G.P.O. Road, one RTC bus bearing No.AP 28U 6255 was coming from opposite direction which was driven by its driver in a rash and negligent manner and came on wrong side and dashed to the 1st respondent's vehicle in high speed, due to which the 1st respondent fell down and received grievous injuries. Immediately after the accident, the 1st respondent was shifted to Anurag Orthopedic and Multi Specialty Hospital wherein the 1st respondent was admitted as inpatient. Abids Police Station registered a case in Crime No.419 of 2004 under Section 337 of IPC and later it was altered to Section 338 of IPC. The 1st respondent was hale and healthy at the time of accident. Due to the accident, he has become permanently disabled. The accident occurred only due to rash and negligent driving of driver of RTC bus. The 2nd respondent is the owner of the crime vehicle and the 3rd respondent had taken the said bus on hire and the appellant/insurance company and respondents 2 & 3 are jointly and severally liable to pay compensation to the 1st respondent/claimant.

(3.) In the claim petition, the 2nd respondent remained ex parte and the appellant/insurance company filed a 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 therefore prayed to dismiss the claim petition.