POTHARAJU LACHAIAH Vs. P.LAKSHMANA RAO

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant aggrieved by the Order and Decree dated 03.04.2008 passed in M.V.O.P.No.100 of 2003 by the Accidents Claims Tribunal-cum-I Additional Chief Judge, City Civil Court, Secunderabad (for short, the Tribunal).

(2.) The brief facts of the case are that on 28/29.12.2002 at about 2.00 am midnight, while the appellant was proceeding in DCM van bearing No.AP10T 7343 from Inderpriyal village along with the vegetables to sell the same in Monda Market, Secunderabad, and when it reached the outskirts of Kallakal Village, a lorry bearing No.AP16X 7576 came in a rash and negligent manner with high speed and dashed the DCM Van from backside. In the said accident, the appellant sustained grievous injuries all over the body. He filed aforesaid MVOP against respondents Nos.1 to 2, owner and insurer of aforesaid lorry, claiming compensation of Rs.1,00,000/- 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.