VELLAGADA DURGAPRASADARAO Vs. B.CHIRANJEEVULU

JUDGEMENT

(1.) This appeal has been preferred under Sec. 173 of Motor Vehicles Act, 1988 (for short "the Act") by the appellant/claimant challenging the judgment and award dated 02. 06.2006 delivered by the Motor Accidents Claims Tribunalcum-II Additional District Judge(Fast Track Court), Srikakulam (for short "the Tribunal") in M.V.O.P.No.228 of 2002 granting compensation of Rs.32,000.00 along with interest @ 7.5% per annum from the date of petition till realization to the appellant/claimant on account of the injuries sustained by him in a road traffic accident, against both the respondents jointly and severally.

(2.) For the sake of convenience, the parties are referred to as they are arrayed before the Tribunal.

(3.) The brief facts, necessary for adjudication of the case, are that a 43 years old - V.Durga Prasadarao (petitioner) was a Sound and Radio Engineer and was drawing salary of Rs.3,000.00 per month at the time of the accident. On 27/1/2000 at 3.00 p.m., the petitioner along with Sasibhushan Patnaik was proceeding on his motorcycle towards their village and when they reached Haripuram Junction at 4.30 p.m., the Trucker bearing No.AP 30-T-3587 driven by its driver came in an opposite direction in a rash and negligent manner and dashed the motorcycle due to which the petitioner, who is the rider of the motorcycle had fallen and received crush injury to the ankle and all over the body. He was shifted to the Government Hospital, Palasa, for treatment. The matter was reported to the Police alleging that the alleged accident took place as a result of the rash and negligent driving of the said Trucker. Based on the statement given by the petitioner/injured, Mandasa Police registered a case in Crime No.10 of 2000 for the offence under Ss. 337 and 338 IPC. After investigation of the case, charge sheet was submitted against the accused-driver (Ch.Venkata Rao) for having committed the offence punishable under Ss. 337 and 338 IPC.