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2010 Supreme(AP) 473

GHULAM MOHAMMED
Oriental Insurance Co. Ltd. – Appellant
Versus
Cheemakurthi Venkata Kanaka Raju – Respondent


Advocates appeared:
(Mrs.) A. Anastga, Counsel for the Appellants; Jayanti SC Sekhar, Counsel for the Respondent No.1.

JUDGMENT :-

Oriental Insurance Company is the appellant who filed the appeal challenging the quantum of compensation granted in OP No.653 of 1998 dated 9.8.2000 on the file of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Vizianagaram, filed under Section 166 of the Motor Vehicles Act, claiming a compensation of Rs.1 ,50,000/-.

2. The brief facts of the case are as follows:

On 8.1.1998 the petitioners have boarded the auto bearing No.AP 35 T 2074 at Rajapulova Junction to go to their respective places of work from residence, the first respondent-driver of the auto drove the vehicle in a rash and negligent manner, due to which, the auto turned turtle and the petitioner sustained both simple and grievous injuries and immediately all of them were shifted to Government Hospital, Vizianagaram for treatment. Hence, laid a claim for compensation against respondents 1 to 4 who are driver, owner and insrers of the vehicle.

3. Respondents 1 and 2 who are driver and owner of the auto respectively remained ex parte. The third respondent United Insurance Company filed the counter denying the material averments of the petitions and contended that the driver is not having valid d















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