KURUGONDLA RAMA KRISHNA Vs. SAKINENI KRISHNA RAO

JUDGEMENT

(1.) AGGRIEVED by the Award dated 16.10.2006 in MVOP No.378 of 2001 passed by the Chairman, M.A.C.T -cum -I Additional District Judge, Guntur (for short the Tribunal), the claimant preferred the instant MACMA.

(2.) A ) On factual side, on 28.01.2000, when the claimant was returning from Shiridi on TATA SUMO bearing No.AP 9 AG 5678, on the way the driver drove the vehicle in a rash and negligent manner and lost control over the vehicle and thereby it turned turtle. In the resultant accident, the claimant sustained crush injury to his right leg and fracture to his lower jaw besides other injuries. Immediately he was taken to NIMS Hospital, Hyderabad where his right leg was amputated and he also took treatment in JEST Hospital, Chennai where implantation of five artificial moles was done to his lower jaw. He purchased artificial leg from M/s.Endolite India Limited and incurred heavy medical expenditure. It is pleaded that accident was occurred due to the fault of driver of van. On these pleas he filed M.V.O.P.No.378 of 2001 against respondents 1 and 2, who are the owner  and insurer of the offending van and claimed Rs.25,00,000/ - as compensation.

(3.) A ) Respondents 1 and 2 filed counter and denied all the material averments made in the claim petition and urged to put the claimant in strict proof of the same. They contended that there was no rashness or negligence on the part of driver of the van. They also contended that the claim is highly excessive and untenable.