BOLLEDDU ANIL RAJ Vs. P SAMBASIVA RAO

JUDGEMENT

(1.) This is an unfortunate case where a promising Fighter pilot of Indian Air Force became totally disabled hardly within one week from the date of his having been commissioned. Equally unfortunate, is the indifference and perversity exhibited by the Motor Accidents Claims Tribunal towards an officer, whose bright career was shattered on account of the reckless driving by a driver of a car.

(2.) The appellant was selected and Commissioned as Fighter Pilot in the Indian Air Force on 13.06.1987. He had also participated in the ceremony in the presence of the then Defence Minister. 16.06.1987 was his birthday. He wanted to celebrate both the events, namely, his birthday and selection in the prestigious Indian Air Force, in the presence of his family members. On 15.06.1987, he was proceeding to his native place from Vijayawada in an Auto rickshaw bearing No.AHK 1434 at about 08.00 p.m. The Auto rickshaw was hit by a car resulting in a serious injury to his spinal cord. Initially, the appellant was treated in the Government Hospitals at Vijayawada and Guntur and, thereafter, he was air lifted to the Military Hospital at Kirki. It was found that there was total dislocation of Vertibra DV-12 and LV-1 with Paraplegia. He became totally unfit to discharge the functions of pilot and, accordingly, he was discontinued from service through order, dated 24.03.1988. Ever since the accident, he is confined to a wheel chair.

(3.) The appellant filed M.V.O.P.No.452 of 1987 in the Motor Accident Claims Tribunal - cum - II Additional District Court, Krishna at Vijayawada. Since the Presiding Officer of the Tribunal had expressed his inability to proceed with the matter, the O.P. was transferred to the Court of III Additional District Judge, Vijayawada, which too, designated as Motor Accident Claims Tribunal.