MUKIRI LAZAR Vs. KOLISETTY DHANA LAKSHMI

JUDGEMENT

(1.) This Appeal arises under the Motor Vehicles Act, 1988 against the decree and order, dated 20.07.2009 in M.O.V.O.P.No.730 of 2007 on the file of the Motor Accidents Claims Tribunal-cum-I Additional District and Sessions Judge Guntur. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the Appeal.

(2.) The facts, in nutshell, giving rise to this appeal are that on 22.05.2007, the petitioner was going on his moped from Pedanandipadu towards his village Kommuru and when he reached near Nagulapadu Village, Tata Sumo bearing No.A.P.7U9208 came in opposite direction in a rash and negligent manner and dashed against the moped of the petitioner. As a result, the petitioner fell down and sustained injuries on his both legs. Immediately, the petitioner was shifted to Government Hospital, Pedanandipadu where he was given First Aid and later he was shifted to Government General Hospital, Guntur where he was treated as an inpatient from 22.05.2007 to 09.06.2007. Thereafter, the petitioner was shifted to Dr. Lakshmana Swamy Hospital, Guntur for better treatment where he was operated and implants were used to set the fractures and treated as inpatient from 03.06.2007 to 09.06.2007. The petitioner further averred that the Pedanandipadu Police registered a case in Crime No.27 of 2007.

(3.) The petitioner further averred that he was a Painter by profession and due to the injuries sustained in the accident, he has become permanently disabled and unable to attend to his profession and thereby he lost his earning capacity and also developed limp. Therefore, the petitioner filed the claim petition seeking compensation of Rs.1,80,000/- for the injuries sustained by him in the said accident. He further averred that the 1st respondent is owner and 2nd respondent is insurer of TATA Sumo bearing No.A.P.7U-9208. Therefore, the respondent Nos.1 and 2 are jointly and severally liable to pay the compensation.