LANCO FERRO LTD Vs. N. GURAVAIAH

JUDGEMENT

(1.) THE owner of the offending vehicle preferred the present Civil Miscellaneous Appeal aggrieved by the order dt. 11-9- 2003 passed in MVOP No.282/2000 on the file of Chairman, Motor Accidents Claims Tribunal-cum-V Additional District Judge, Chittoor at Tirupathi.

(2.) THE facts which led to filing of the appeal are as follows: The accident is said to have taken place on 12-11-1999 at 6 AM on Madras- Srikalahasthi State Highway near Thottambedu village, when the claimant was travelling in the lorry of the first respondent bearing registration No. AP 03 T 7500 with three bags of rice. The claimant sustained injuries when the vehicle turned turtle due to rash and negligent driving of the driver of the said vehicle. He was shifted to Government Hospital, Srikalahasthi and from there to S.V.R.R. General Hospital, Tirupati, where he is said to have taken treatment for four months. According to him, he was aged about 41 years, working as Water Boy in EMPEE Sugars, Naidupet and was also doing the work of a Dhobi.

(3.) BASING on the pleadings of the parties, the Tribunal framed the following issues for trial: