MD HAZI BABU @ MD HAZI Vs. SHAKTHI TRANSPORT

JUDGEMENT

(1.) This appeal is arising out of the Award dated 06.12.2006 passed in O.P.No. 1750 of 2005 by the V Additional Metropolitan Sessions Judge (Mahila Court)-cum-XIX Additional Chief Judge, City Criminal Courts, at Hyderabad (for short, 'the Tribunal').

(2.) Brief facts of the case are that the appellant-petitioner has filed a petition under Section 166 of the Motor Vehicles Act, before the Tribunal claiming compensation of Rs. 3,00,000/- on account of the injuries sustained by him in a motor vehicle accident on 06.06.2005 at about 6:30 hrs, while he was supervising at International Airport, Shamshabad, Ranga Reddy District, and on being hit by lorry a bearing No.JH-02B-8220 while reversing the lorry by its driver, without observing the petitioner. The petitioner sustained crush injury to his right leg and communited fracture of meta-torsal bones 1 to 5 and bone pieces came out with bleeding injuries. Immediately, he was shifted to Care Hospital, Hyderabad and later to Gandhi Hospital, Secunderabad, where he was admitted and undergone treatment as inpatient from 06.06.2005 to 21.06.2005. His leg was operated on 11.06.2005. Alleging that the accident occurred due to the rash and negligent driving by the driver of the offending lorry, the petitioner filed the claim petition against respondents 1 and 2, the owner and insurer, respectively, of the offending lorry.

(3.) Heard the arguments of Sri B. Venkat Reddy, learned counsel for the appellant-claimant; and Sri N. J. Sunil Kumar, learned counsel for 2nd respondent-insurance company.