K.SATYANARAYANA Vs. T.NARSIMHA RAO

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant aggrieved by the Order and Decree dated 25.10.2010 passed in O.P.No.1049 of 2008 by the VII Additional Metropolitan Sessions Judge-cum-Motor Accidents Claims Tribunal, Hyderabad (for short, the 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 was aged about 29 years, working as a Carpenter and earning Rs.6,000/- per month by the date of accident. He belonged to Peechupally Village, Narsapur Mandal, West Godavari District and came to Hyderabad to attend to carpentary work and that he was a very experienced and skilled carpenter. On 27.02.2008, at about 9.00 p.m., while the petitioner along with his friend Venkata Bhaskar were proceeding on motorcycle bearing No.AP 37 AF 1193 from Guttala Begumpet towards Kukatpally on extreme left side of the road and when reached near Hitex Kaman, Madhapur, a Tata Sumo bearing No.AP 29 T 8263 driven by its driver with high speed, in rash and negligent manner proceeding from Hi-Tech city came on to its wrong side and dashed to the motorcycle of the petitioner. Due to the sudden impact, the petitioner and his friend fell down from the motorcycle and both of them sustained grievous injuries. Immediately after the accident, they were shifted to Gandhi Hospital, Secunderabad and the petitioner was admitted as inpatient. He left the hospital on 03.03.2008 and admitted at Sri Lakshmi Satyanarayana Orthopedic Hospital, Royapet, Narsapur, West Godavari District and his left leg was amputated and he sustained permanent disability. Hence, the petitioner filed the claim petition claiming compensation of Rs.4,00,000/-, payable by both the respondents, being the owner and insurer of the offending Tata Sumo.