KOLLURI MALLAIAH Vs. PALE SRINIVAS, B. RAM KIRAN AND THE ORIENTAL INSURANCE COMPANY LIMITED REPRESENTED BY ITS DIVISIONAL MANAGER

JUDGEMENT

(1.) THE injured -claimant filed this appeal, having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunal -cum -IV Additional District Judge, at Warangal, (for short, 'Tribunal') in M.V.O.P. No. 1043 of 2001 dated 19.07.2004, dismissing the O.P. for compensation claim of Rs. 1,00,000/ - (Rupees one lakh only) as prayed for in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act'). Heard Sri A. Prabhakar Rao, the learned counsel for the appellant, and none appeared for the respondent Nos. 2 and 3 (owner of crime vehicle and Insurer -Oriental Insurance Company Limited respectively) despite served notice and the appeal is dismissed for default against 1st respondent -driver. Taken as heard the respondent Nos. 1 and 2 for their absence to decide on merits and perused the material on record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(2.) THE contentions in the grounds of appeal in nutshell are that the award of the Tribunal is contrary to law, weight of evidence and probabilities of the case, that the Tribunal erred in appreciating the evidence on record, considering the delay in lodging report to police since intimated, not considering the injuries sustained by the appellant, not considering the treatment taken by the appellant in MGM hospital, Warangal and evidence of P.W. 3 doctor and not believing the investigation done by police and filing charge sheet against the driver who caused accident and but simply arrived to a wrong conclusion of dismissing the petition instead of awarding compensation as prayed for from nature of the injuries, pain and sufferance there from, treatment undergone and amount incurred for the same and hence to allow the appeal by setting aside the award of the Tribunal.

(3.) THE facts of the case are that on 02.06.2001 due to the rash and negligent driving of the driver -1st respondent of the crime vehicle (auto bearing No. AP 36 U 5460) belongs to the 2nd respondent insured with the 3rd respondent covered by Ex. B.1 policy, same dashed against the push cart on which the claimant by name Kolluri Mallaiah S/o. late Vepari, aged about 43 years, resident of Deshaipally village, Duggondi Mandal, Warangal district, agriculture and business by avocation earning of Rs. 75,000/ - p.a. from agriculture and Rs. 10,000/ - p.a. from business, was sitting, as a result, he sustained injury i.e. fracture to right leg at hip region (as per Ex. A.2 wound certificate), which occurrence is covered by Ex. A.1 First Information Report in Cr. No. 50 of 2001 under Section 338 IPC and Ex. A.5 charge sheet. The Tribunal disbelieving the oral and documentary evidence on record, dismissed the O.P. with costs of 3rd respondent.