- (1.) BOTH these appeals have been filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and decree dt.31 -12 -2011 in M.V.O.P.No.418 of 2006 of the Motor Accidents Claims Tribunal -cum -I Additional District Judge, Ranga Reddy District, Hyderabad.
(2.) THE said O.P. was filed by the claimant G.Nagaraju, (who is appellant in M.A.C.M.A.No.2833 of 2013 and 1st respondent in M.A.C.M.A.No.1834 of 2012) (for short the claimant), on 02 -05 -2006 seeking compensation for the injuries suffered by him in a motor vehicle accident which took place on 23 -12 -2005. He initially claimed a sum of Rs.5.00 lakhs but latter enhanced his claim to Rs.9.00 lakhs. He contended in the O.P. that on 23.12.2005 at about 7.30 p.m. he was proceeding on a motorcycle from his place of work i.e. Microsoft Office, Gachibowli towards Hitech City, and when he reached near Games village, a tractor bearing Regn. No.AP 15W 3722 owned by one Ch.Lakshman Rao and insured by the Oriental Insurance Company Limited (for short the insurer) (which is the appellant in M.A.C.M.A.No.1834 of 2012), came in the opposite direction at a high speed; that it was being driven in a rash and negligent manner and hit the motorcycle which he was driving; that he fell down and suffered injuries including fracture injuries to right leg, compound fracture injuries to right knee, injury to chin (stitches 3/4th) apart from suffering several multiple injuries all over the body; he underwent treatment in a private hospital in Vikram Hospital, Madhapur as in -patient for four hours and later he was shifted to NIMS hospital, Panjagutta for further treatment from 24 -12 -2005 as in -patient for sometime; he was operated upon in the NIMS and the right leg was amputated from foot to the above knee level; and therefore he is entitled to be compensated by both the owner and insurer.
(3.) THE owner of the tractor remained ex parte.;