MD IQBAL Vs. SUSHEELA AGARWAL

JUDGEMENT

(1.) Claimant in O.P.No. 26 of 1996 on the file of the Motor Accidents Claims Tribunal- cum-District Judge, Medak, preferred this appeal dissatisfied with the compensation awarded to him by the Tribunal.

(2.) The case of the appellant is that when he was driving the auto bearing No. AP-10- T-934 belonging to the third respondent and insured with the fourth respondent and reached near Bidar Cross Roads, vehicle bearing No. AP-ll-T-8499 belonging to the first respondent and insured with second respondent, being driven in a rash and negligent manner, dashed against the auto, being driven by him, resulting in injuries and consequent permanent disability to him and so he is entitled to Rs. 1,70,000/- as compensation from the respondents. Respondents No. 1 and 3 chose to remain ex parte both before Tribunal and this Court. Second respondent filed a counter contesting the claim of the appellant, inter alia, contending that the accident occurred due to the negligence of the appellant himself. Fourth respondent filed a counter, inter alia, denying insurance of the auto bearing No. AP-10-T-934 with them on the date of the accident.

(3.) In support of his case, appellant examined himself as P.W. 1 and marked Exs. A-1 to A-6. No oral evidence was adduced on behalf of the second respondent, but, Ex. B-1 was marked by consent on its behalf. No evidence either oral or documentary adduced by the fourth respondent.