KARUMANCHI PRABHAKAR RAO Vs. BENJI BALAJI

JUDGEMENT

(1.) This appeal is preferred by the appellant/claimant questioning the order of the Motor Accidents Claims Tribunal (II Additional District Judge-FTC-I), Khammam (for short, the Tribunal) in O.P.No.233 of 2000 dated 03.02.2005.

(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 on 28.08.1998, the petitioner as a cleaner of the lorry bearing No.AIK 8071 along with the 1st respondent, the driver of the lorry, were proceeding with a load of coal, at about 10.00 a.m., when the lorry reached near the check post of 5th Incline, Kothagudem, the 1st respondent instructed the petitioner to bring a slip from the check post. The petitioner went to the check post and was bringing a slip and getting into the lorry. While so, the 1st respondent, without waiting for the petitioner to get into the lorry, moved the lorry negligently and at high speed, as a result of which the petitioner fell on the road and was run over by the same lorry on his right leg. The right leg of the petitioner was crushed and he received injuries on other parts of the body also. The incident occurred due to the negligent driving of the lorry by the 1st respondent. Hence, the petitioner filed the claim petition claiming compensation of Rs.1,00,000/-, payable by respondents 1 to 3, being the driver, owner and insurer of the offending lorry.