K SRIDHAR Vs. M H BHASKAR RAO

JUDGEMENT

(1.) THIS appeal is filed under Section 173 of Motor Vehicles Act by the claimant assailing the judgment and award dated 20.1.2003 passed in O.P.No.51 of 2000 on the file of the Chairman, Motor Accidents Claims Tribunal -cum -I Additional Chief Judge, City Civil Court, Secunderabad.

(2.) FOR the sake of convenience, parties to this appeal will hereinafter be referred as they are arrayed before the Tribunal.

(3.) THE facts leading to filing of the present petition, briefly, are as follows: On 11.7.1999, the petitioner and his family members were proceeding to Bhadrachalam from Hyderabad in Maruthi car bearing No.AP 9Q 4244. When they reached near Manikyalamma Gudem in Nalgonda District, the driver of the lorry bearing No.AEK 855 had driven the same in a rash and negligent manner and dashed against the car. The accident occurred due to rash and negligent driving of the driver of the lorry against whom the Station House Officer, Kattangur Police Station registered a case in Crime No.104 of 1999 under Section 337, 338 and 304A IPC. Due to the accident, the petitioner sustained fracture of cheek bone, nose bones, lower jaw and upper jaw. The petitioner took treatment as inpatient in different hospitals for long time and spent huge amount towards medicines and treatment. The lorry bearing No.AEK 855, which belongs to the first respondent, was insured with the second respondent as on the date of the accident. Therefore, the respondent Nos.1 and 2 are jointly and severally liable to pay compensation of Rs.2,00,000/ - to the petitioner with interest and costs.