S.BHASKER Vs. A.RAJU

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant aggrieved by the Award dated 15.09.2016 passed in M.V.O.P.No.472 of 2013 by the Motor Vehicle Accidents Claims Tribunal-cum-XXV Additional Chief Judge, City Civil Court at Hyderabad (for short, the Tribunal).

(2.) The brief facts of the case are that on 04.02.2012 at about 9.00 pm., while the appellant was proceeding on his TVS Champ bike bearing No.AP13K 0367 from Pedda Shapur Thanda towards Palamakula Petrol Pump, and when he reached near Madanapally Patha Thanda, a DCM Van bearing No.AP22X 1890 came in a rash and negligent manner in opposite direction and dashed the TVS Champ bike. In the said accident, the appellant sustained fracture injuries to his head, left hand and right hand and blunt injury to left side eye, cut of tongue and other injuries all over the body. He filed aforesaid MVOP against respondents Nos.1 to 2, owner and insurer of aforesaid DCM Van, claiming compensation of Rs.8,00,000/- for the injuries sustained by him.

(3.) Before the Tribunal, respondent No.1 remained ex parte. Respondent No.2 filed counter denying the averments of the claim petition and contended that the amount claimed is excessive and prayed to dismiss the claim petition.