G. RAJAIAH Vs. K. KONDAIAH

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant aggrieved by the Order and Decree dated 03.07.2006 passed in O.P.No.685 of 2002 by the Motor Accidents Claims Tribunal-cum-District Judge, Adilabad (for short, the Tribunal).

(2.) The brief facts of the case are that on 16.03.2002 at about 11.45 pm., while the appellant, along with others, was proceeding in a jeep bearing No.MH29C 198 from 1K-1 Mine to Shetpelly, and when the said jeep reached in between Indaram and Tekumatla villages, one tractor and trolley bearing Nos.AP15U 50 and AP15U 51 came in a rash and negligent manner with high speed and dashed the jeep, due to which, the appellant fell down from the jeep and sustained fracture to right leg and other injuries all over the body. He filed aforesaid OP against respondent Nos.1 and 2, owner and insurer of tractor and trolley, claiming compensation of Rs.5,00,000/- for the injuries sustained by him.

(3.) Before the Tribunal, respondent No.1 remained ex parte. Respondent No.2 filed its counter denying the averments of the claim petition and contended that the amount claimed is excessive and prayed to dismiss the claim petition.