SK JANI Vs. TORRIKONDA SANGAIAH

JUDGEMENT

(1.) This MACMA is filed by the appellant/petitioner under Sec. 173 of the Motor Vehicles Act, aggrieved by the order and decree, dtd. 17/11/2011, passed in M.A.T.O.P.No.591 of 2004 on the file of the Motor Accidents Claims Tribunal-cum-II Additional District Judge (FTC, Khammam) (for short "the Tribunal").

(2.) For the sake of convenience, the parties will be hereinafter referred to as they are arrayed before the Tribunal.

(3.) Brief facts of the case are that the petitioner filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.50,000.00 on account of injuries sustained by the petitioner in the motor vehicle accident. On 15/9/2002, the petitioner along with one Shaik Kamal boarded auto bearing No.AP-U-9134 at a Kalvavoddu of Khammam proceeding to his village and when it reached near Church of Kachirajugudem Village at about 8 p.m., another auto bearing No.AP-20-U-7793 which came in an opposite direction in a rash and negligent manner with high speed dashed against the auto, due to which the petitioner sustained multiple grievous injuries and fractures to his right thigh. The Police Khammam Rural registered a case in Cr.No.270 of 2002 against the driver of the auto AP-20-U-7793. The petitioner is a coolie by profession and because of the said accident, he is not in a position to attend his coolie work and is not able to attend even normal duties. Hence the claim petition.