VALIGANDLA SUBBARAJU Vs. KALYANAPU SUBBARAO

JUDGEMENT

(1.) Appellant who received injuries in an accident, while travelling in a lorry bearing No. ABK 8484 belonging to first respondent and insured with second respondent, due to the rash and negligent driving of the driver of the lorry, filed a claim petition, seeking compensation of Rs.50,000/- from the respondents and examined himself as P.W.1 and the doctor who treated him as P.W.2 and marked exhibits A1 to A5. No oral evidence was adduced by the respondents, Ex.B1 was marked on behalf of the second respondent, by consent. The Tribunal, having held that the accident occurred due to the rash and negligent driving of the driver of the lorry, awarded Rs.50,000/- to the appellant, as claimed by him as compensation and exonerated the second respondent from its liability on the ground that appellant was travelling as a gratutous passenger in the lorry. Aggrieved by the exoneration of the second respondent from its liability, claimant preferred this appeal.

(2.) Heard the learned counsel for the appellant and the learned counsel for the second respondent.

(3.) The point for consideration is whether second respondent is liable to pay the compensation payable to the appellant.