POTHINA YELLA RAO Vs. A P RAVINDRANATH

JUDGEMENT

(1.) The appeal is directed against the award, dated 30-09-1996 in M.V.O.P. No.41 of 1993 on the file of the Motor Accidents Claims Tribunal-cum-II Additional

(2.) District Judge, Visakhapatnam. The factual background for the appeal is that the appellant, a milk vendor, was proceeding towards Madhurawada as a pillion rider on a scooter, which was dashed against by motor cycle No. AP 31C 8090, driven rashly and negligently, and coming in a wrong direction. He fell down, sustained a compound fracture of right ankle and abrasions on the right leg and was treated at King George hospital, Visakhapatnam. The driver of the motor cycle-the 1st respondent, the owner-the 2nd respondent, and the insurer-the 3rd respondent are, hence, sued for a compensation of Rs.50,000/-.

(3.) The 1st respondent contested the claim contending that he came on the left side of the road and was negotiating the traffic junction, when suddenly an auto rickshaw came in high speed followed by an ambassador car. To avoid any possible damage to him and his vehicle, the 1st respondent stopped the vehicle and the petitioner coming as a pillion rider on a scooter and the driver of the scooter were carrying LPG cylinders and they came fast rashly and negligently and attempted to overtake the ambassador car and auto rickshaw and hit the 1st respondent's vehicle. The fully loaded LPG cylinders fell on the feet of the petitioner and the driver of the scooter and the injuries were sustained only due to the same and not due to causing of any accident by the 1st respondent. The 1st respondent, therefore, pleaded that he is not liable to pay any compensation for the injuries sustained by the petitioner due to his own contributory negligence.