JUDGMENT

Ninala Jayasurya, J. - Aggrieved by the order and decree dated 30.07.2004 in M.V.O.P.No.173 of 2003 passed by the V Additional District Judge(Fast Track Court)-cum-Motor Accident Claims Tribunal, Kurnool (herein after referred to as 'Claims Tribunal') , the present appeal has been preferred by the insurance company.

2. For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the Claims Tribunal in the original petition.

3. The petitioner/claimant one Mr.Harijana Parameswarudu @ Paramesh seeking compensation of Rs.50,000/- for the injuries sustained by him in a road accident that occurred on 26.12.2002, filed the claim petition in M.V.O.P.No.173 of 2003. In the said petition, it is averred that on 26.12.2002 at about 4-00 a.m., when the petitioner and others were proceeding in an auto bearing No.AP21-T-7638 towards A.Gokulapadu village, a lorry bearing No.AP16-TT-767 driven in a rash and negligent manner came in the opposite direction, dashed against the auto and as a result of the accident, the petitioner and two others sustained multiple and grievous injuries.

4. The 1st respondent-owner of the lorry remained exparte. The 2nd respondent