A. MALLIKARJUNA Vs. P. DHANUNJAYA AND ANOTHER

JUDGEMENT

(1.) This appeal is filed under Sec. 173 of the Motor Vehicles Act, 1988 by the appellant/petitioner challenging the judgment and award dated 18.12.2008 passed in M.V.O.P. No.107 of 2006 on the file of the Motor Accidents Claims Tribunal-cum-Principal District Judge, Kadapa (for short, 'the Tribunal')

(2.) The parties will hereinafter be referred to as they are arrayed before the Tribunal for the sake of convenience.

(3.) The facts leading to filing of the present appeal, in brief, are as follows: On 09.11.2004 at about 6:30 PM, the petitioner boarded a Jeep bearing No.AP-04- U-9072 at Nandimandalam. When the jeep reached Four Roads junction of Nandimandalam, the driver of the jeep had driven the same in a rash and negligent manner, due to which, the petitioner fell down from the jeep and sustained grievous injuries on the head and other parts of the body. The accident occurred due to the rash and negligent driving of the driver of the jeep against whom the Station House Officer, Pendlimarri Police Station registered a case in Crime No.127 of 2004 under Sections 337 and 338 of I.P.C. Due to injuries, the petitioner has taken treatment in Government General Hospital, Kurnool, Sarojini Devi Eye Hospital, Hyderabad, Osmania General Hospital, Hyderabad and Nimhans, Bangalore. The petitioner lost eye sight due to head injury. The parents of the petitioner has spent huge amount towards treatment and medicines. By the time of accident, the petitioner was aged about 9 years. Hence, the petition is filed claiming compensation of Rs. 15,00,000.00. The jeep bearing No. AP-04-U-9072, which belongs to the first respondent, was insured with the second respondent as on the date of accident.