LAWS(KAR)-2001-9-4

RAMAKRISHNA REDDY Vs. MANAGER H M T LTD

Decided On September 25, 2001
RAMAKRISHNA REDDY Appellant
V/S
MANAGER, H.M.T.LTD. Respondents

JUDGEMENT

(1.) THESE two appeals arise from the judgment and award dated 6. 3. 1999 in M. V. C. No. 141 of 1994 on the file of M. A. C. T.-V, Bangalore Rural district.

(2.) M. F. A. No. 3122 of 1999 is by the claimant and M. F. A. No. 3893 of 1999 is by the insurer.

(3.) IN the claim petition, the claimant alleged that he is an employee of Hindustan Machine Tools Limited (H. M. T. for short) that on 6. 7. 1993 he had gone to bangalore along with his colleagues to purchase some materials for his employer, in the employer's van bearing registration no. CAS 587. When returning to Tumkur, the driver of the van drove the van in a rash and negligent manner and while attempting to overtake another vehicle, he saw another vehicle coming from the opposite direction and suddenly applied the brakes. As a result, the door of the van suddenly opened and the claimant who was sitting by the side of the door fell on the road and the van ran over his legs, resulting in grievous injuries to the claimant. He, therefore, filed the said petition claiming a compensation of Rs. 5,50,000. The driver, owner and the insurer of the van were impleaded as respondent Nos. 1 to 3.