K S JAGADEESH Vs. S SYED

JUDGEMENT

(1.) This Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the Award, passed in M.V.OP.No.370 of 2002, dated 29-06-2004, on the file of the District Judge-cum-Chairman, Motor Accidents Claims Tribunal, Chittoor.

(2.) The brief facts, which are necessary to dispose of this appeal, are that on 26-02-2002 at about 9.30 a.m., while the appellant-claimant was going on his cycle on Chittoor-Puttur road and when he reached in front of the Government ITI main gate, a lorry bearing No. AAC 5330 came behind him, being driven by its driver rashly and negligently and dashed the claimant, as a result of which, the claimant fell down on the left side of the road and sustained grievous injuries. Immediately, he was shifted to the Government Hospital, Chittoor, thereafter, he was shifted to CMC hospital, Vellore, wherein he was treated as in-patient for a week and later he was treated as out-patient. Therefore, the claimant made a claim under Section 166 of the Act before the Tribunal claiming a total compensation of Rs. 2,00,000/- for the injuries sustained by him in the road accident.

(3.) The 1st respondent remained ex parte, while the 2nd respondent denied the material allegations of the claimant by filing the written statement. The Court below, however, basing on the pleadings of the respective parties, framed the following issues for trial.