LAWS(APH)-2008-11-78

IRFAN KHAN Vs. MD JAVEED

Decided On November 21, 2008
IRFAN KHAN Appellant
V/S
MD JAVEED Respondents

JUDGEMENT

(1.) THE claimant in OP No. 1446 of 1995 on the file of the Motor accidents Claims Tribunal-cum II Additional chief Judge, City Civil Court, Hyderabad filed this appeal against the award dated 9. 8. 1999.

(2.) THE claimant filed the claim petition for a compensation of Rs. 3,00,000/-contending that when he was going as a pillion rider on motor cycle No. ADL 1651 on 23. 1. 1995 at about 2. 15 p. m. , lorry no. APJ 2605 was going ahead. Near saibaba Transport Office at Mancherial, the lorry driver suddenly applied brakes and though the motor cyclist tried his best to control the vehicle, the motor cycle dashed against the rear tyres of the lorry and fell down. The claimant sustained grievous injuries, for which he was treated initially at mancherial and later at NIMS, Hyderabad. His damaged testicle was removed and mancherial police registered Crime No. 9 of 1995. The claimant was earning Rs. 2,000/-per month and a daily batta of Rs. 10/- from brothers Vegetable Company, Monda market, Secunderabad and due to the fracture of left ankle, grievous injury to the spinal cord and removal of one testicle, he became permanently disabled, though he spent rs. 50,000/- for treatment. Respondents 1 and 2 are the owner and insurer of the lorry; while respondents 3 and 4 are the owner and insurer of the motor cycle, and all of them are liable to compensate the claimant.

(3.) WHILE the owners of the vehicles remained ex parte, the insurers denied the happening of the accident as narrated by the claimant. They claimed that the vehicle drivers did not have valid driving licences and put the claimant to strict proof of all his allegations.