R VENKATESH Vs. P SARAVANAN

JUDGEMENT

(1.) THIS is a claimant's appeal against the judgment and award dated 1. 3. 1997 passed by the motor accidents claims tribunal, Bangalore city in m. v. c. No. 45 of 1995.

(2.) ACCORDING to the claimant-appellant, on 16. 3. 1994 at 3 p. m. he was travelling in an autorickshaw bearing No. Ka-02-5824 on tumkur-Bangalore road; that when the autorickshaw was taking a turn towards Bangalore on national highway No. 4 near batawadi, lorry bearing No. Tn-29-y-2732 came from the opposite direction being driven in a negligent manner, at a high speed and dashed against the autorickshaw; and that as a result of such accident the claimant was thrown out of the autoriskshaw and the lorry ran over his left leg and his left lower limb was crushed. As a consequence the left leg was amputated below knee. He, therefore, filed m. v. c. No. 45 of 1995 claiming compensation of Rs. 8,00,000 contending that the accident occurred due to composite negligence of the drivers of the lorry and autorickshaw.

(3.) THE respondent nos. 1 and 2 are respectively the owner and insurer of the lorry bearing No. Tn-29-y-2732. The respondent nos. 3 and 4 are respectively the owner and insurer of the autorickshaw bearing No. Ka-02-5824. The petition was resisted by the respondent nos. 2 and 4. The respondent nos. 1 and 3 did not contest the petition.