A. SASHIDHAR Vs. MOHD. RIAZ

JUDGEMENT

(1.) The appellant is the claimant in OP.No.414 of 2006 on the file of the Special Judge, SC/ST (POA) Act " " cum " " V Additional District and Sessions Judge, Medak at Sangareddy, which was filed seeking compensation of Rs.6,00,000/- on account of the fracture injury to his right leg sustained by him in a motor accident which occurred on 18.02.2006 at 7.30 PM, while he was travelling in an auto bearing No.AP 23 V 7541 from Mominpet to Sadasivpet. The case of the appellant is that the driver of the auto, after reaching Mekavanampally village, drove the auto in a rash and negligent manner due to which the auto turned turtle. On account of the fracture injury, he was admitted in Remedy Multi Speciality Hospital, Kukatpally and spent about Rs.1,00,000/- for his treatment and also required further amount for his operation and treatment. He is a resident of Sadasivpet Village and doing business of tea powder and other articles. On account of the accident, he sustained permanent disability and lost his earning capacity in future at Rs.5,000/- per month. Hence, the claim.

(2.) The respondent No.1 is the owner of the offending vehicle and respondent No.2 is the Insurer of the said vehicle. Before the Tribunal, the respondent Nos.1 and 2 filed separate counters and denied the allegations. Though the respondents admitted the involvement of the auto and the injuries to the claimant, they disputed the health condition, age and income of the claimant.

(3.) The claimant examined himself as P.W.1 and Dr. Bujji Babu, an Orthopaedic Surgeon, as P.W.2 and got marked Exs.A1 to A15. R.W.1 was examined on behalf of the respondents and Ex.B1 was marked.