SAI PRATHAP Vs. VENUKUMAR

JUDGEMENT

(1.) This is claimant's appeal by way of cross-objections under Order 41 Rule 23 r/w Sec. 151 CPC, filed against the judgment and award in MVC.4876/2009, whereby the Tribunal has granted compensation in a sum of Rs.4,35,000.00 with interest at 6% p.a. and directed respondent No.2 - Insurance company to deposit the same.

(2.) For the sake of convenience the parties are referred to by their rank before the Tribunal.

(3.) FACTS: Brief facts leading to the filing of the claim petition under Sec. 166 of the MV Act, are that petitioner was working as a driver. On 5/6/2009, he was engaged by one B. Venkatesh to transport vegetables from Chinna Mandem village of Cuddapah District, Andhra Pradesh to Bengaluru. Accordingly, he transported vegetables in his goods vehicle -TATA Ace bearing registration No.AP-04-W-7291 (hereinafter referred to as 'TATA Ace'). He unloaded the vegetables at Bengaluru. Again vegetables purchased by said B.Venkatesh at Bengaluru were loaded and they were returning to Raya Choti. On 6/6/2009, while they were passing via Kolar-Bengaluru route at 11.00 am., near Kendhatti on NH-4 a lorry bearing registration No.AP-03-V- 5620 (hereinafter referred to as offending vehicle), came from opposite side i.e., plying from Kolar towards Bengaluru, driven by its driver in a high speed, in a rash or negligent manner and dashed against the Tata Ace of the petitioner.