D. KRISHNA NAIK Vs. NAVAYUGA YUVAJANA SANGAM

JUDGEMENT

(1.) This appeal is preferred by the appellant/claimant questioning the order of the Motor Accidents Claims Tribunal (IV Additional District Judge) (FTC), at Nizamabad (for short, the Tribunal) in O.P.No.1506 of 2001 dated 23.11.2005.

(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 01.08.2001 at about 7.00 p.m., the petitioner and others were going in an auto bearing No.AP 25-T 7599 from Bodhan Road, Nizamabad, towards Malapally and when they reached near Malapally Petrol Bunk at about 7.00 p.m., one jeep came from opposite direction and dashed against the auto, due to which the driver of the said auto lost control over the said auto and turned turtle, due to which the petitioner, who was traveling in the said auto and others sustained multiple and grievous injuries. The petitioner received fracture injuries on his both legs and also received injuries on his head, legs, hands, back, chest and on various parts of the body. Immediately, the petitioner was shifted to Government Head Quarters Hospital, Nizamabad, for treatment and from there, he was shifted to private hospital for further treatment. Prior to the accident, the petitioner was hale and healthy and was aged about 30 years at the time of the accident and was doing business and earning Rs.10,000/- per month. Due to the accident, the petitioner sustained permanent disability and he is unable to walk and work and he became dependent. The 1st respondent is the owner and the 2nd respondent is the insurer of the said auto. Hence, the petitioner filed the claim petition claiming a compensation of Rs.2,50,000/- payable by both the respondents.