SHAIK BEEBI Vs. B VENKATA SUBBAMMA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal arises out of award dated 31-3-2003 in M.V.O.P. No. 107/2000 on the file of the Motor Accidents Claims Tribunal-District Judge, Kadapa (for short "the Tribunal").

(2.) The claimant in M.V.O.P. No. 107/2000 is the Appellant. She filed the said O.P. claiming compensation of Rs. 1,70,000/- for the injuries she has suffered due to accident involving Tractor bearing registration No. AP 4T 4470. It is the case of the Appellant that on 22-2-1999 at about 12 Noon, when she and her daughter were traveling in auto from Kampalli cross roads to Kadapa, at Nagireddipalli cross roads, the above mentioned Tractor attached with Trailer bearing registration No. AP 4T 4771, came in the opposite direction in high speed and driven in a rash and negligent manner and hit the legs of the Appellant causing multiple fractures to left thigh bone. After being taken to Government Hospital, Kadapa, she was advised to go to General Hospital, Kurnool or Tirupathi. However, the Appellant is stated to have taken treatment from a bone setter at Puttur and she suffered disability of shortening of leg by 4 inches.

(3.) In support of her claim, the Appellant examined herself as PW-1 and one of the Doctors who treated her, as PW-2. The Appellant got Exs.A-1 to A-4 marked on her side which included Ex.A-3 - wound certificate and Ex.A-4 - medical disability certificate. PW-2 in his evidence has opined that the disability suffered by the Appellant is 40%. The Tribunal has non-suited the Appellant on the sole ground that she was unable to establish that Respondent No. 1 was the owner of the Tractor and Trailer which was involved in the accident.