The insurance company is liable to pay compensation for the injuries sustained by the petitioner due to the rash and negligent driving of the driver of the insured vehicle.

JUDGMENT

1. Aggrieved by the Order dtd. 5/9/2012 in M.V.O.P. No.11 of 2008 passed by the Chairman, Motor Accidents Claims Tribunal- cum-IV Additional District Judge, Tirupati (for short 'the tribunal'), whereby the tribunal awarded compensation Rs.4,54,000.00 with subsequent interest thereon at 7.5% per annum from the date of petition till the date of realization in favour of the claimant, the 2nd Respondent - M/s. National Insurance Company Limited, represented by its Divisional Manager preferred this appeal seeking to set aside the order passed by the tribunal.

2. For convenience sake, hereinafter the parties will be referred to as they were arrayed in the O.P.

3. The petitioner filed M.V.O.P. under Sec. 166 (1) (a) of the Motor Vehicles Act, 1988 (for short 'the Act') claiming compensation of Rs.10,00,000.00 with interest due to the injuries sustained by her in a motor vehicle accident that occurred on 15/12/2005 at about 4.30 AM at Puthalapattu Village of Chittoor-Tirupati main road. The case of the claimant is that on 15/12/2005 at about 3.00 AM herself and her husband and other relatives were proceeding to Kanipakam in the jeep bearing No.AP 03 V 7323 of the 1st respondent, which was insured with the 2nd Respondent, when the jeep reached Puthalapattu Village near Kanipakam cross, at 4.30 AM, the driver of the jeep drove the same in a rash and negligent manner and went extreme left side of the road margin and hit back side of the stationed lorry bearing No.ADC 4919, resulting which the petitioner sustained crush and severe bleeding injury to her left hand and also sustained other injuries all over the body.

4. The first respondent remained exparte.

5. The second respondent filed counter admitting the accident and contended that the first respondent is the owner-cum-driver of the jeep and the same was insured with the second respondent and the same is in force by the date of accident. It is further contended that the first respondent was driving the vehicle with due care and caution and was proceeding towards chittoor and when the same reached near Kanipakam cross, opposite coming vehicles were coming without dim and dip and hence turned the jeep towards left side of the road and in the meantime the petitioner placed her left hand out side of the vehicle and the lorry which was parked on the road in a careless manner without any indication of parking signals found by the first respondent turned the jeep towards left side in order to avert the major accident and left hand of the petitioner was injured and there is a negligence on the part of the stationed lorry and also on the part of the petitioner placing her left hand outside of the vehicle.

6. Based on the pleadings, the tribunal formulated the following issues for trial.

1. Whether the petitioner sustained injuries in a motor vehicle accident that took place o 15/12/2005 at about 4.30 a.m., at Puthalapattu village on Chittoor-Tirupati main road, due to rash and negligent driving of the driver of the jeep bearing Regn. No.AP 03 V 7323 belonging to the first respondent insured with the second respondent?

2. Whether the petitioner is entitled to compensation? If so, to what amount and from whom?

3. To what relief?

7. On behalf of the petitioner, the petitioner herself got examined as P.W.1 and also got examined P.Ws.2 to 7 and got marked Exs.A.1 to A.20. On behalf of the 2nd respondent, no oral evidence was adduced, however got marked Ex.B.1 policy copy with consent.

8. After considering the evidence on record, the tribunal has given finding that the accident occurred due to rash and negligent driving of the driver-cum-owner of the jeep bearing No.AP 03 V 7323 and awarded an amount of Rs.9,000.00 for transport expenses, Rs.60,000.00 for medicines and extra nourishment and Rs.20,000.00 each for pain and suffering and as well as for loss of amenities and discomfort to the petitioner due to the removal of left hand below elbow and also awarded Rs.15,000.00 for loss of earning