BADAVATH DHARIYA Vs. R.PRAKASH

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant aggrieved by the Judgment and Decree dated 28.07.2006 passed in O.P.No.692 of 2002 by the Chairman, Motor Accident Claims Tribunal-cum-III Additional District Judge (FTC), Nizamabad (for short, the Tribunal).

(2.) The brief facts of the case are that on 24.02.2002, while the appellant, along with others, were travelling in auto bearing No.AP25U 139 from Mosra to Nizamabad and when the said auto reached near Makloor Temple, the driver of the auto drove the same at high speed in a rash and negligent manner and lost control and the auto turned turtle. In the said accident, the appellant sustained fracture of both bones of right forearm, right leg tibia and other injuries on the head and other parts of the body. He filed the aforesaid OP against the respondents owner and insurer of the auto respectively, claiming compensation of Rs.2,00,000/- 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.