MOHD. YOUNUS Vs. SHAIK NIZAMUDDIN

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant aggrieved by the order and decree, dtd. 19/2/2007, passed in O.P.No.650 of 2004 on the file of the Motor Accidents Claims Tribunal (I-Additional District Judge) at Mahabubnagar (for short "the Tribunal").

(2.) The brief facts of the case are that on 8/10/2003 while the appellant was proceeding on his Suzuki Motor Cycle bearing No.AP-22- E-2849 towards Mallepally Village to attend Janma Bhoomi Programme as part and parcel of his duties, a jeep bearing No.AP-22-U-4063 driven by its driver in a rash and negligent manner, came in opposite direction with high speed and dashed the appellant. As a result of which, the appellant fell down and sustained multiple injuries including fractures and his motor cycle was completely damaged. On a complaint, Police, Makthal, registered a case against the driver of the Jeep for the offences punishable under Ss. 337 and 338 of I.P.C. Immediately after the accident, the appellant was shifted to Government Hospital, Makthal and from there to Government Hospital, Mahabubnagar and thereafter on the advice of the doctors he was shifted to NIMS Hospital, Hyderabad. Due to the accident, the appellant is not in a position to attend his duties and he is unable to lift weights with his right hand. He spent huge money towards medical expenses. The appellant filed aforesaid O.P. against respondent Nos.1 and 2, being the owner and insurer of the Jeep, claiming compensation of Rs.8,00,000.00 for the injuries sustained by him.

(3.) Before the Tribunal, the 1st respondent remained exparte. The 2nd respondent filed counter denying the averments of the claim petition and contended that there was contributory negligence on the part of the appellant and that the amount of compensation claimed is excessive and prayed to dismiss the claim petition.