Heard both the counsel.

2. Aggrieved by the order and decree dated 18-9-1997 passed by the court· of Motor Accidents Claims Tribunal, Khammam in O.P.No.89/1993, the Insurance Company filed the appeal.

3. The case of the claimant in brief is that on 22-10-1992 at about 1.00 a.m., he was travelling in the car bearing No. DIA2640to go to his native place Gujmpena from Khammam. While so, due to rash and negligent driving of the car by its driver, the car dashed against a stationed lorry bearing No.AP - 36/T-2439 near Tirvur cross-roads. As a result of the accident, claimant sustained multiple injuries and was shifted to Government Hospital, V.M. Banjer, wherefrom, he was referred to Government Hospital, Khammam. The police registered a case against the driver of the car under Section 338 I.P.C. Alleging that the claimant was an agriculturist having Acs.10-00 of land and out of which Acs.6-00 is wet and rest is dry and that he was growing commercial crop and that he suffered loss of nearly Rs.40,000/- as earnings and that he spent Rs.25,000/- towards medicines and treatment, claim petition was filed claiming an amount of Rs.2,00,000/-.

4. The driver and the owner of the vehicle rem