POLURI CHANDRAIAH Vs. SHAIK JILANI

JUDGEMENT

(1.) This Appeal arises under the Motor Vehicles Act, 1988 against the decree and judgment, dated 28.09.2007 in M.O.V.O.P.No.960 of 2004 on the file of the Motor Accidents Claims Tribunal-cum-X Additional District Judge (F.T.C) of Guntur at Narasaraopet. 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 the intervening night of 05/06-09-2004 at about 12 mid night, while the petitioner was traveling in the Jeep bearing No.ADF 4320 as a passenger along with others from his village to attend Krishna Puskarams at Vijayawada on Narasaraopet-Vinukonda road and when they reached near Lakshmipuram village, the driver of 2nd respondent drove the jeep with high speed in a rash and negligent manner without taking proper care and caution and dashed against the stationed tractor from its behind. As a result, the petitioner and some other passengers received grievous injuries. They were taken to Government Hospital, Narasaraopet. After giving first aid, the petitioner was shifted to Government General Hospital, Guntur where he underwent treatment as inpatient. The petitioner sustained fracture to his spinal card and his both hands and one leg became wreck and paralised. The petitioner cannot move from bed. He sustained permanent disability and became disabled person. He cannot attend to his personal duties without assistance of others. He sustained injuries in the above said accident which was occurred only due to rash and negligent driving of Jeep bearing No.ADF 4320 by its driver. A case was registered in Crime No.161 of 2004 by the Narasaraopet Rural Police Station.

(3.) The petitioner further averred that he was aged about 40 years and hale and healthy at the time of accident. He was doing coolie work and used to earn Rs.75/- per day. He was unable to do his work due to his permanent disability. Therefore, the petitioner filed claim petition seeking compensation of Rs.1,65,000/- for the injuries sustained by him in the said accident. The 1st respondent is owner of Jeep bearing No.ADF 4320 and 2nd respondent is present owner which was purchased on 30.12.2003 and the same was transferred to him and the 3rd respondent is insurer of the said Jeep. Therefore, all the respondents are jointly and severally liable to pay the compensation.