SAMA SURYANARAYANA Vs. ALLU VEERARAGHAVULU

JUDGEMENT

(1.) This appeal is directed against the award in O.P.No.326 of 1994, on the file of the Motor Accidents Claims Tribunal-cum-District Judge, East Godavari at Rajahmundry, dated 13.12.1995.

(2.) The appellant/claimant was working as a driver on tractor and trailer Nos.AP 5T 7439 and 6473, owned by the first respondent and insured with the second respondent, and at the age of 40 years, he was earning Rs.1,800/- per month including batta. On 10.04.1993, the appellant was driving the tractor and trailer with load of mud and at about 3.00 p.m., when he reached Choppella, a live electric wire fell on his head which he tried to remove with his left hand. He sustained an electric shock, fell down from the tractor and trailer and sustained severe injury on the left hand and multiple burn injuries on the right shoulder and left leg apart from a severe head injury. The appellant was first admitted in a private hospital and then in Government Hospital, Kakinada, where his left hand was amputated and he was undergoing treatment even after discharge. He was permanently disabled and hence, claimed a compensation of Rs.50,000/- from the owner and insurer of the tractor and trailer.

(3.) While the owner of the tractor remained ex parte before the Tribunal, the insurer contended that the appellant sustained injuries elsewhere and not in a motor accident and invented the story in collusion with the first respondent, owner of the tractor and trailer. The statement to the police was given by the injured at Kakinada instead of at Alamuru Police Station, that too only on 15.04.1993. Any claim should have been under the Workmen's Compensation Act, 1923, and, hence, the second respondent/insurer desired the claim to be negatived.