MANDAVA SURENDRA KUMAR Vs. B.A.PADMANABHA RAO

JUDGEMENT

(1.) This appeal is at the instance of claimant directed against the award passed in O.P. No. 2490 of 2004 by the Third Additional Chief Judge, City Civil Court, Hyderabad on 20.7.2007.

(2.) The appellant herein has originally filed a petition claiming compensation of Rs. 12,50,000 and subsequently had got it enhanced by way of an amendment to Rs. 20,50,000. The facts leading to the filing of the petition by the petitioner are that on 12.3.2004 while the claimant was proceeding on his motor cycle, a Maruti van bearing registration No. AP 28-L 3130 came in a rash and negligent manner from the opposite direction and dashed against the motor cycle of the claimant, as a result of which he fell down and sustained injuries. He took treatment in Apollo Hospital and at Udai Clinic and suffered disability of 40 per cent. As he is a LIC agent and also running a press, he sustained huge loss of his earnings and future prospects.

(3.) The respondent No. 1, who is the owner-cum-driver of Maruti van, has opposed the application by pleading that the claimant was talking on cell phone bending his head towards shoulder and negligently drove the vehicle and met with accident and there is no negligence on his part.