K. VENKATA RAMANA Vs. M. A. SAMAD

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant aggrieved by the order and decree, dtd. 4/6/2008 passed in O.P.No.1574 of 2008 on the file of the Special Judge for Economic Offences-cum-VIII Additional Metropolitan Sessions Judge-cum-XXII Additional Chief Judge, City Criminal Courts, Hyderabad (for short, the Tribunal).

(2.) The brief facts of the case are that on 30/6/2006 the appellant and his friend were proceeding on Hero Honda motor cycle bearing No.AP 9 AZ 0432 and while returning to Mehdipatnam, one Lorry bearing No.MH 25 B 7062 driven by its driver in a rash and negligent manner at high speed and hit the motor cycle. As a result of which, the appellant fell down and lorry ran over on the right leg of the appellant. Immediately, the appellant was shifted to Yasoda Hospital and from there he was shifted to Osmania General Hospital, Hyderabad, where his right leg was amputated above the knee. Basing on a complaint, a case in Crime No.239 of 2006 has been registered against the driver of the Lorry. It is also stated that due to amputation of right leg above the knee, the appellant cannot move, sit and squat and he became 100% disabled person and he lost his income. Since the accident occurred due to the rash and negligent driving of the driver of the Lorry, the appellant filed the above O.P. against the respondents 1 and 2, who are the owner and insurer of the said Lorry, claiming compensation of Rs.5,00,000.00 for the disability sustained by him.

(3.) Before the Tribunal, the 1st respondent filed counter put the appellant to prove the manner of the accident, injuries sustained by him and the nature of treatment and the medical expenses incurred by him. It is also stated that there is no negligence on the part of the driver of the Lorry. It is further stated that the lorry was insured with the 2nd respondent and the policy was in force as on the date of accident.