GADE SESHIBHUSHANA RAO Vs. GAJULA UMA MAHESWARA RAO

JUDGEMENT

(1.) This appeal is preferred by the appellant/petitioner aggrieved by the Order and Decree dtd. 9/8/2005 delivered by the Motor Vehicle Accidents Claims Tribunal-cum- XI Additional District Judge (F.T.C), Guntur at Tenali (for short "the Tribunal") in M.V.O.P.No.250 of 2003.

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

(3.) The brief facts of the case are that on 26/1/2003 at about 7.00 a.m., while the petitioner and another person were proceeding to Avulavaripalem from Kolluru on a cycle and when they reached near Repalle Kaluva bridge, a lorry bearing No.AP 11 T 4329 (hereinafter referred to as "the offending vehicle") driven by its driver at a high speed in a rash and negligent manner without blowing horn, dashed the cycle due to which the petitioner fell down and sustained severe injuries all over the body. Immediately the petitioner was shifted to the Government Hospital, Tenali and while taking treatment, his right leg was amputated. One Sanaka Siva Prasad, who is the relative of the injured, received the information about the accident and presented a report in Kolluru Police Station, based on which, a case in Crime No.4 of 2003 was registered for the offence under Ss. 337 and 304-A IPC. After investigation of the case, a charge sheet was submitted against the accused-driver for having committed the offence punishable under Ss. 338 and 304-A IPC.