V. GOPALA KRISHNA RAO
Reliance General Insurance Company Ltd. – Appellant
Versus
Karamthur Tirupal Naik – Respondent
JUDGMENT
1. The appellant is second respondent in M.V.O.P.No.594 of 2007 on the file of the Motor Vehicles Accidents Claims Tribunal (V Additional District Judge), Ananthapur, and the respondents are the petitioner and R1 in the said case.
2. Both the parties in the appeal will be referred to as they are arrayed in claim application.
3. The petitioner filed a Claim Petition under Sec. 140 and 166 of Motor Vehicles Act against the respondents, praying the Tribunal to award an amount of Rs.3,00,000.00 towards compensation on account of injuries received by him in a Motor Vehicle Accident occurred on 18/6/2007 at 1.00 PM.
4. The case of the petitioner is that on 18/6/2007 at about 1.00 p.m. the petitioner was travelling in auto bearing No.AP 02 W 5914 along with his groundnut bags to go to Suddakuntapalli and when the auto reached at KM 10/4 on Ramagiri - N.S. Gate road, the driver of the auto drove the same in a rash and negligent manner, resulting which, the auto turned turtle, as a result of which, the petitioner sustained grievous injuries and the petitioner claimed an amount of Rs.3,00,000.00 towards compensation.
5. The respondents 1 and 2 filed counters denying the claim application
Disability to part of body cannot be treated as disability to whole body.
Disability to part of body cannot be treated as disability to whole body.
The main legal point established in the judgment is the assessment of just compensation for personal injuries sustained in a motor vehicle accident, considering medical evidence and applicable legal ....
The court held that the appellant was entitled to enhanced compensation for the grievous injuries sustained in the accident, considering the medical evidence and the evidence of the appellant.
The court upheld the Tribunal's decision on compensation, affirming that the claimant proved the driver's negligence and the assessed disability of 40%.
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