SIRAJ Vs. P. SUNITHA

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant, challenging the Order and Decree dated 02-11-2005 passed in O.P.No.339 of 2003 by the Motor Vehicle Accidents Claims Tribunal-cum-V Additional District Judge (FTC), Ranga Reddy District (for short, the Tribunal).

(2.) The brief facts of the case are that on 09-12-2002 at about 6.30 A.M., while the appellant was driving the auto rickshaw bearing No.AP28U 7004 from Jeedimetla road to Balanagar and while taking a turn near NASR gate to go to Balanagar, a lorry bearing No.AP28U 5737, came in a rash and negligent manner at high speed and dashed the auto rickshaw. In the said accident, the petitioner sustained injuries to both legs and immediately he was shifted to Gandhi Hospital, Secunderabad, where he was treated as inpatient till 29-01-2003. He filed aforesaid OP against respondent Nos.1 and 2, owner and insurer of the lorry, respectively, seeking compensation of Rs.2,00,000/- for the injuries sustained by him in the said accident.

(3.) Before the Tribunal, respondent No.1 remained ex parte. Respondent No.2 filed counter denying the allegations made in the claim petition inter alia contending that the amount of compensation claimed by the petitioner is excessive, exorbitant, imaginary and out of proportion and sought to dismiss the petition.