H. SHIVAJI RAO Vs. T. NARSIMLU

JUDGEMENT

(1.) Assailing the judgment and decree dated 08.03.2006 in O.P. No.115 of 2001 passed by the Motor Accidents Claims Tribunal - cum - II Additional District Judge (Fast track Court), Nizamabad (for short 'the Tribunal'), appellant - claimant filed the present appeal.

(2.) Vide the aforesaid judgment, the Tribunal has awarded an amount of Rs.40,000/- (Rupees forty thousand only) towards compensation with proportionate costs and interest @ 7.5% per annum thereon from the date of petition till the date of realization as against the claim of Rs.1,60,000/- (Rupees one lakh and sixty thousand only) made by the appellant. The Tribunal has directed respondent No.1, owner of the Tractor bearing registration No.AP 25T 1516 to deposit the said compensation. However, the claim was dismissed against respondent Nos.2 and 3, owner and insurer of Jeep bearing registration No.AP 25B 7979.

(3.) It is the specific contention of the appellant that on 23.05.1997 at 7.30 p.m., he was travelling in Jeep bearing registration No.AP 25B 7979 from Banswada towards Gandhari. On the way, when the said Jeep reached in between Gandipet and Sarvapur villages, driven by its driver in a rash and negligent manner, had a head-on-collision with Tractor bearing registration No.AP 25T 1516 coming in opposite direction at high speed. Due to the said collision, the appellant received injuries on head, right eye-brow, nose and left leg. He was taken to Government Hospital, Kamareddy, and got treatment for 3 to 4 days. According to the appellant, he was earning an amount of Rs.6,000/- per month by doing agriculture work and by way of commission from LIC as Agent. On account of injuries, he was unable to attend his work. Respondent No.1 is the owner of the tractor, while respondent No.2 is the owner of jeep insured with respondent No.3, as such, all of them are liable to pay the compensation.