ABDUL JABBAR Vs. MUNIAMMAL

JUDGEMENT

(1.) This appeal arises out of an award passed by the Motor Accidents Claims Tribunal. harmapuri. at Krishnagiri, in M. A. C. T. 0. P. No. 6 of 1972.

(2.) On 29th September 1971, at about 8-30 1). m. the lorry MYA 1065 proceeding towards east between Kilorhetres 10 and I I on Krisbanagiri Madras road dashed against a stationary lorry parked on the left margin of the road and this resulted in certain injuries to the appellant herein who was a cloth merchant at Krishanagiri and who travelled in the lorry along with a bundle of textile goods. On the ground that the accident took Place due to the rash and negligent driving of the lorry by its driver. he filed a claim for comnensation of Rs. 50.000 before the Motor Acciden!s imsbunal. Dharmanuri.

(3.) His specific case in the claim petition was that he used to visit various places to do cloth business, that on the~ night in question he was waiting at, Krishnagiri with a bundle of textiles to go to Natrampalli to do his business there on the next day at the shandy, that the lorry MYA 1065 came from Bangalore and the driver of the lorry offered to give him a lift on his payment of Rs. 2, that after paying the said amount be travelled in thd' lorry with the bundle of textiles, that the accident took Place due to the rashness and negligence on the Dart of the driver of the lorry, that on account of the injuries sustained by him his left hand was amputated at the Chrlstian Medical College Hospital, , vellore and because of the permanent disability resulting from the amputation of his left hand, he is entitled to the said compensation.