SAMUDRALA SARANGAPANI Vs. MOHD MOHIUDDIN

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant aggrieved by the Order and Decree dated 23.09.2008 passed in O.P.No.335 of 2005 by the Motor Accidents Claims Tribunal-I Additional District Judge, at Warangal (for short, the Tribunal).

(2.) The brief facts of the case are that on 23.11.2003, while the appellant was proceeding on scooter No.AP36 7255 from Gatla Kanaparthy to Hanamkonda, and when he reached Arepally Shivar at about 5.00 pm., the first respondent drove auto bearing No.AP36V 7144, in opposite direction in a rash and negligent manner at high speed and dashed the scooter of the appellant. In the said accident, the appellant sustained injuries to left parietal bone and head injury. He filed aforesaid OP against respondent Nos.1 and 2, the owner and the insurer of auto, respectively, claiming compensation of Rs.4,50,000/- 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.