BALAJI RAJU Vs. N LAKSHMI BAI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal arises out of Award dated 19.2.2003 in M.V.O.P. No. 1114 of 2003 on the file the VI Additional District Judge-cum-Motor Accidents Claims Tribunal, (For short 'the Tribunal), Visakhapatnam.

(2.) The Appellant is the claimant in the O.P. before the Tribunal. While, the Appellant along with another person was repairing the T.V.S. moped by the side of the road margin on 3.2.2001 at about 23.00 hours, a van bearing Registration No. AP 31 U 1492, coming from Narsipatnam and driven by its driver rashly, dashed the Appellant and another person. The Appellant has filed the O.P. claiming a sum of Rs. 2.00 lakhs as compensation for the injuries sustained by him. Respondent No. 1 is the owner and Respondent No. 2 is the insurer of the offending vehicle.

(3.) The Tribunal has given a finding that the driver of the offending vehicle has driven the vehicle in a rash and negligent manner and was responsible for causing of the accident. The Tribunal has however, declined to award any compensation on the ground that the Appellant has not adduced medical evidence, except filing of three X-rays to show that he has suffered the injuries.