B. SRINIVAS Vs. K. RAVINDER

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant aggrieved by the Order and Decree dated 29.06.2005 passed in O.P.No.1933 of 2001 by the Motor Vehicle Accidents Claims Tribunal-cum-III Additional Chief Judge, City Civil Court, Hyderabad (for short, Tribunal).

(2.) For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the Tribunal in the original petition.

(3.) The brief facts of the case are that the petitioner and his family members went to Shirdi by a Tata Sumo car bearing No.AP 7K 2927 on 09.06.2001 at about 3.00 a.m. While returning from Shirdi, when the car reached the outskirts of Mamidipally Village on N.H.7, the driver of the car drove it with high speed and in a rash and negligent manner and colluded with a lorry bearing No.AP 9T 9595 which was proceeding ahead of the car in the same direction. As a result, the petitioner sustained grievous fracture of the skull and a fragment of bone pierced the brain. He was immediately shifted to Sai Krishna Super Speciality Neuro Hospital, Hyderabad, wherein he underwent a surgery. He was advised to take rest for a period of six months. He was also advised that even after the period of six months, he may still suffer for a considerable period of time due to the after effects of the injury and the surgery. The petitioner is the owner of a hair dressing saloon and used to earn Rs.5,000/- per month. As he was bed-ridden, the saloon was closed and he lost income. He is the only earning member of his family. The petitioner spent huge amount for his treatment. The 1st respondent is the owner and the 2nd respondent is the insurer of the offending vehicle. Hence, the petitioner filed the O.P. claiming a compensation of Rs.2,40,000/- payable by both the respondents.