LAWS(APH)-2004-9-184

RENTALA KESAVULU Vs. DEPUTY CHIEF MECHANICAL ENGINEER

Decided On September 23, 2004
RENTALA KESAVULU Appellant
V/S
DEPUTY CHIEF MECHANICAL ENGINEER Respondents

JUDGEMENT

(1.) THE unsuccessful claimant seeks to assail the order and decretal order dated 20.7.1998 passed by the learned Chairman, Motor Accident Claims Tribunal-cum-III Additional District Judge, Tirupati, in M.V.O.P. No. 599 of 1990.

(2.) ACCORDING to the appellant, on 19.9.1990 at about 4.00 p.m., when he was travelling in the vehicle bearing No. ATC-9242 belonging to the first respondent Railways, due to rash and negligent driving of the driver of the vehicle it dashed against the roadside electric pole near Subbanaidu Kandriga Village on Nagalapuram-Uthukotai Main Road on Account of which the appellant sustained injuries. He was hale and healthy and aged 20 years by the date of Accident and was studying in 10th class. In the accident, the appellant sustained multiple fractures to his both legs which resulted in permanent disability and hence he sustained loss physically and economically. He laid the claim for Rs. 1,12,060/-.

(3.) DURING the course of inquiry, the claimant examined himself as P.W. 1 and got Exs. A.1 to A.5 marked. On behalf of the respondents two witnesses were examined including the driver and got Exs. B.1 to B.4 marked.