THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.4490 OF 2008 JUDGMENT: This appeal is directed against the order, dated 23.11.2007, in O.P.No.1392 of 2004 on the file of the learned Chairman, Motor Accidents Claims Tribunal-cum- III Additional District & Sessions Judge (FTC), Nizamabad, wherein the claim of the 1st respondent herein for compensation, was allowed, awarding compensation of Rs.4,93,600/- with interest @ 7.5% p.a. from the date of the petition. 2. Heard both sides. Perused the record. 3. 1st respondent herein filed a claim application seeking compensation of Rs.5,00,000/- for the injuries suffered by him in an accident. According to him, on that day, he along with his wife-Sujatha was going on a motor cycle and when they crossed the HP gas godown on NH-16, an auto bearing No.AP25-U-4559 came in the opposite direction in a rash and negligent manner and dashed against the motor cycle as a result of which the claimant and his wife both sustained crush injuries. It is further pleaded that the claimant was shifted to Deepa Orthopedic Nursing Home, where he underwent amputation of right leg. Appellant-insurer filed a counter opposing the claim and denying the liability. 4. During enquiry, P.Ws.1 and 2 were examined and Exs.A1 to A11 were marked on behalf of the claimant and R.W.1 was examined and Exs.B1 to B4 were marked on behalf of the respondent. 5. On a consideration of the evidence available on record, the Tribunal held that the accident occurred due to the rash and negligent driving of the auto by its driver. The Tribunal estimated the compensation payable at Rs.4,93,600/- and passed award accordingly. Aggrieved by the same, appellant filed the present appeal. 6. Learned counsel for the 1st respondent-claimant would submit that the wife of the claimant herein also filed a claim application-O.P.No.1393 of 2004 seeking compensation for the injury sustained by her and that the Tribunal by order, dated 12.02.2008, allowed the said application awarding a sum of Rs.35,250/- with interest @ 7.5% p.a. and subsequently, the appellant-insurer satisfied the said amount by depositing a sum of Rs.49,466/- by a cheque bearing No.592078, dated 17.02.2010, drawn at ING Vysya bank Limited. A copy of the order, dated 12.02.2008, passed in O.P.No.1393 of 2010 filed by the wife of the claimant, along with a memo, reporting compliance of the said order, are also filed. 7. The appeal is filed mainly on the ground that the driver of the auto was not at fault. Inasmuch as the same insurer has already satisfied the award passed in the claim application-O.P.No.1393 of 2010, filed by the wife of the claimant herein, wherein also the Tribunal found that the accident occurred due to the rash and negligent driving of the auto by its driver and the said finding not having been challenged by way of an appeal, it is held that the ground urged in the present appeal pertaining to the rash and negligent driving of the auto is not tenable. Having regard to the fact that the claimant suffered multiple injuries and was inpatient in the hospital for about two months and that he suffered amputation of the right leg above knee level, which is a permanent disability, it is considered that the amount of Rs.4,93,600/- awarded by the Tribunal is just and reasonable. 8. In the circumstances, it is held that there are no merits in the appeal. Accordingly, appeal is dismissed. _______________________ G.V.SEETHAPATHY, J 23rd August, 2011 Tsy