LAWS(APH)-2010-3-94

R SUNKAIAH Vs. BABA PATEL

Decided On March 05, 2010
R. SUNKAIAH Appellant
V/S
BABA PATEL Respondents

JUDGEMENT

(1.) This appeal is filed against the Order, dated 20.02.2002 passed in O.P. No. 2503 of 2000 by the Motor Accident Claims Tribunal-cum-IV Additional Chief Judge, Hyderabad.

(2.) The injured claimant is the appellant herein. He filed the claim petition under Section 166 of the Motor Vehicles Act before the Tribunal below seeking compensation of Rs. 4,00,000/- in respect of the injuries sustained by him in a motor vehicle accident occurred on 07.11.2000. After making enquiry into the claim petition, the learned Tribunal dismissed his claim holding that the accident was not as a result of any rash and negligent act of the driver of the water tanker bearing No. APP 5450 and that the same occurred on account of the appellant's own fault, and therefore, he is not entitled for any compensation. Having arrived at the conclusion that the appellant is not entitled for any compensation, the learned Tribunal below did not go into the question of quantum of compensation.

(3.) I have heard the learned Counsel appearing for the appellant and the second respondent-insurance company.