CHINTA LAVA KUMAR Vs. G VISWESWARA RAO

JUDGEMENT

(1.) This Civil Miscellaneous Appeal was filed against the judgment and decree dated 17-1-1990 passed in OP No.45 of 1986 by the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Krishna at Vijayawada, for not granting the relief prayed for in the petition, on the ground that the driver of the vehicle involved in the accident was not rash and negligent in driving the vehicle at the time of accident.

(2.) The learned Counsel for the appellant-petitioner submitted that the finding of the Tribunal that the second respondent has not driven the vehicle in a rash and negligent manner is contrary to the evidence on record and probabilities of the case. He further contends that it is clear from Ex.A3, wound certificate that the petitioner-appellant has received the injuries in a motor vehicle accident and therefore, the Tribunal should have awarded compensation as claimed by the petitioner. He also contends that the Tribunal should have appreciated the fact that the motorcycle was ran over by the lorry, therefore, there is rashness and negligence on the part of driver of the lorry and should have awarded the compensation as claimed by the petitioner. He further submitted that the petitioner has proved the accident and it is for the driver to prove that the accident was not caused due to the rashness and negligent driving of the lorry by him.

(3.) To appreciate the contentions raised by the learned Counsel for the appellant in this appeal, it is necessary to state few facts of the case. That on 8-9-1985 the petitioner and his friend were proceeding on Hero Majestic Moped on Machilipatnam-Vijayawada Road and when they reached Poranki on the way, the lorry bearing No.ATT-4466 driven by the second respondent came from their behind in a rash and negligent manner and dashed against the moped, as a result of which the petitioner received injuries on his right ear, on face, there was disfigurement and burn injuries on his left thigh and the right eye was affected due to the injuries and he is not able to see with his right eye. The petitioner was aged about 23 years at the time of accident and he was earning Rs.650.00 per month as salary by working as a Composer in Samatha Printers, Governorpeta, Vijayawada, and therefore he claimed Rs.50,000.00 as compensation.