NAMSANI MALLAIAH ALIAS MALLESHAM Vs. AHMED AHSANUAL RAHEMAN

JUDGEMENT

(1.) This appeal is filed against the order of the learned Motor Accident Claims Tribunal-cum-I Additional District Judge, Karimnagar in O.P. No. 369 of 1993. The appellant is the petitioner.

(2.) The facts are as follows: As per the averments made in the petition on 16th November, 1992, at about 3.00 p.m., near Ramu Photo Studio, while the petitioner was going on T.V.S. Moped, lorry bearing No. ADT-7933 came in high speed and in a rash and negligent manner and dashed against the petitioner causing injuries to him. The petitioner sustained fracture of left collar bone, left leg and other injuries all-over his body. He was admitted in the District Headquarters Hospital, Karimnagar, where he was treated and skin grafting was also done. The left leg of the petitioner was shortened, which he cannot bend. He underwent surgery. A case in Cr. No. 223 of 1992 was registered against the second respondent under Section 338, I.P.C. The second respondent, who is the driver of the lorry, in C.C. No. 169 of 1993 on the file of the learned Additional Judicial Magistrate of First Class, Karimnagar, pleaded guilty. The petitioner, in all, claimed compensation of Rs. 1.00 lakh. The vehicle is insured with the third respondent.

(3.) Respondent No. 3 filed counter contending that the petitioner is put to strict proof that lorry bearing No. ADT-7933 is insured with it; the said vehicle was driven in a rash and negligent manner and the petitioner is also put to strict proof of several other contentions raised by him.