P VENKATESWARLU Vs. RAMANAVATHI R YADAV

JUDGEMENT

(1.) Claimant is the appellant herein. Not being satisfied with the award dated 19.04.2004 made in O.P.No.1290 of 1999 on the file of the Motor Accidents Claims Tribunal, R.R. District at L.B.Nagar, whereunder an amount of Rs.4,67,859/- was awarded towards compensation out of the total claim of Rs.11,82,000/- on account of the injuries sustained by him in a road accident, filed the present appeal. For the sake of convenience, the parties to this appeal are referred to as they are arrayed in the O.P.

(2.) The facts, in brief, that led to the filing of the present appeal are as follows:

(3.) The petitioner filed OP showing the owner of the tanker as first respondent and the insurance company as second respondent. The first respondent remained ex parte both before the Tribunal and also in this appeal. The second respondent - insurance company filed counter denying the manner in which the accident took place. According to them, there is no proof with regard to the age, occupation and income of the petitioner and also with regard to the injuries received by the petitioner in the said accident. It is further stated in the counter that the driver of the tanker was not responsible for the said accident and it was the petitioner alone who was responsible for the said accident.