G RAMESH Vs. JANARDHAN NAIDU

JUDGEMENT

(1.) This appeal is from the judgment of the learned Chairman, Motor Accident Claims Tribunal-cum-Additional District Judge, Adilabad, in O.P.No.402 of 1993, by which compensation in a sum of Rs.1,33,000/- was awarded in favour of the appellant herein in respect of a Motor accident that occurred on 14-5-1993 in Yellaram village near Adilabad, which had resulted in the total severance of his right hand upto the shoulder. The appellant, an unmarried, was aged 23 years at the time of the accident. He passed Trade Certificate Examination in Electrical Branch in the month of January, 1991. He was employed as an Electrician in M/s.Sri Lakshmi Narasimha Swamy General Engineering and Electrical Works, Palakurthi, Warangal on a monthly salary of Rs.2,500/-. On the fateful day i.e., 14-5-1993, the appellant was proceeding to Adilabad in a APSRTC bus for the purpose of submitting the application for appointment as helper in the Andhra Pradesh State Electricity Board. When the bus reached Yellaram village, an oil tanker bearing Registration No.AP 16-T 4176 came from the opposite direction in a rash and negligent manner, bumped against the right side portion of the bus and at that time as the appellant was resting his right hand on the window seat, the hand got severed totally and fell into the cabin of the oil tanker. In respect of the accident, a case was registered by the police and the driver of the oil tanker pleaded guilty for the offence under Section 304-AIPC in CC No.364 of 1993, for which he was convicted by the Munsif Magistrate, Luxxettipet The appellant filed O.P.No.402 of 1993 claiming in all a sum of Rs.6,00,000/- towards compensation under the following heads: <FRM>JUDGEMENT_569_ALT6_1997Html1.htm</FRM>

(2.) The first respondent is the owner of the tanker involved in the accident and the second respondent was the Driver. The third respondent is the insurer with which the lorry was insured at the time of the accident. The Andhra Pradesh State Road Transport Corporation was not impleaded as a respondent. Although the driver and owner of the oil tanker involved in the accident were made parties (respondents), both of them remained ex-parte and no evidence was adduced on their behalf. But in the counter-affidavit filed by the second respondent, a plea was taken that no space was given by either of the Drivers of the RTC bus and the oil tanker to allow the other vehicle to pass by.

(3.) The petitioner got himself examined as PW-1 and Exs.A-1 to A-11 were marked.