NANDI NARSIMLU Vs. K. RAMANA REDDY AND ANOTHER

JUDGEMENT

(1.) This appeal is arising out of the Order and Decree dated 15.07.2003 passed in M.V.O.P.No.263 of 2001 by the Chairman, Motor Accidents Claims Tribunal - Additional District, at Nizamabad.

(2.) Brief facts of the case are that on 04.01.2000, the appellant (claimant) was travelling in trailer bearing No.AP-25T-3466 attached to tractor bearing No.AP-25T-3465 from Dharmaraopet village towards Kamareddy. When the tractor reached the limits of Adloor Yellareddy on NH-7, at about 9:00 PM, the driver of the tractor drove the tractor in a rash and negligent manner due to which the tractor trailer went off the road and the appellant along with others sustained multiple grievous injuries. The appellant filed a claim petition M.V.O.P.No.263 of 2001 before the Tribunal, claiming compensation of Rs. 1,00,000/- on account of the permanent disability suffered by him due to the injuries received in the accident. The claim was made against the 1st respondent-owner and the 2nd respondent-insurer. The 1st respondent remained ex parte, and the 2nd respondent filed its written statement denying its liability on the ground that the appellant traveled as an unauthorized passenger in the tractor-trailer. In its written statement, the 2nd respondent has also disputed the rash and negligent driving by the driver of the tractor-trailer, and also contended that the claim was highly excessive and, therefore, sought for dismissal of the claim petition.

(3.) The Tribunal, on consideration of the evidence of PWs.1 and 2, RW1, and documents Exs.A1 to A6 and Ex.B1, has held that the accident occurred due to the rash and negligent driving by the driver of the tractor-trailer, and awarded compensation of Rs. 15,000/- with interest at 9% per annum, and held respondent No.1 alone liable to pay compensation, and dismissed the claim against 2nd respondent. Aggrieved by the quantum of compensation, and also dismissal of claim against 2nd respondent-insurance company, the appellant has preferred this appeal.