KATAKAM LAKSHMINARAYANA Vs. JAMUBU MUNISWAMY

JUDGEMENT

(1.) The appellant laid the claim under section 110-A of the Motor Vehicles Act, 1939 for short "the Act", for a surr of Rs.32,000/- against the respondents on the ground that the appellant sustained grievous injury as a result of the rash and negligent driving of respondent No.2 in an accident which occurred on 3.10.1976 at about 5.00 p.m. near Saraswathi Talkies, Hindupur. It is his case that, when he was going on the road, the lorrr APA 5663 driven by the 2nd respondent rashly and negligently came from behind without blowing horn and hit on his back. Then he fell down on a heap of stones nearby and sustained grievous injury on the parietal region since a stone entered into the brain portion.

(2.) The trial Tribunal found that the accident did not occur as a result of the rash and negligent driving of the driver. It also held that the appellant is not entitled to any compensation but if at all he is entitled, only to the medical expenses namely, a sum of Rs.4,500/-. But the first finding knocks his claim to bottom and so the petition entailed with dismissal, as against which this appeal has been filed.

(3.) Sri Subba Rao, his learned Counsel contended that the occurrence has taken place as a result of the rash and negligent driving is fully established from the direct evidence bf P.Ws.1 and 4, and the doctor P.W.6 stated the nature of injuries sustained. The accident resulted in the injury to the appellant and there is direct nexus between the accident and the injury. Therefore, the appellant is entitled to the compensation claimed. The claim is resisted by the owner as well as the Insurance Company contending that the appellant is the best person to speak of the occurrence. He did not choose to examine himself as a witness. Therefore, there is no acceptable evidence to differ from the conclusion reached by the trial Tribunal that the occurrence has not taken place as a result of the rash and negligent driving. There is no connection between the accident and the injury sustained. Therefore, neither the owner nor the Insurance Company is liable to pay the compensation.