SHAIK KHAJA MIYA Vs. PRATHANAPU VENKATANARAYANA

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant aggrieved by the order and decree, dated 19.10.2005, passed in O.P.No.773 of 2002 on the file of the Motor Accidents Claims Tribunal-cum-I Additional District and Sessions Judge, Khammam.

(2.) The brief facts of the case are that on 28.03.2002 at 2.00 P.M., after attending work at Pandurangapuram, the appellant was returning on a Luna moped along with his cousin and when they reached near Pragathi School, one APSRTC bus bearing No. AP 10 Z 288 of Khammam Depot, driven by the 1st respondent in a rash and negligent manner with high speed and dashed against the appellant, due to which the appellant sustained multiple fractures to his right leg at knee joint. Immediately after the accident, the appellant was shifted to Government Hospital, Khammam and was given first-aid and later, he was shifted to Dr.P.N.V.S.V.Prasad Hospital, Khammam, where fourteen sutures were applied and two major surgeries were conducted and the claimant spent Rs.60,000.00 for his treatment and while discharging, the doctor advised him to take bed rest for one year. Basing on the complaint, the Police, Khanapuram Haveli, registered a case in Crime No.67 of 2002 against the 1st respondent. The appellant filed aforesaid O.P. against respondent Nos.1 and 2, being driver and owner of the RTC bus respectively,claiming compensation of Rs.3,00,000.00 for the injuries sustained by him.

(3.) Before the Tribunal, the 1st respondent remained ex parte and the 2nd respondent filed counter denying the averments of the claim petition and contended that the claimant drove the Luna Moped in a zig-zag manner and dashed against the RTC Bus and due to the negligence of the claimant only, the accident occurred and that the amount of compensation claimed is excessive and prayed to dismiss the claim petition.