POGULA PRATAP Vs. L.BALAKISHAN

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant aggrieved by the Award and Decree dated 03-06-2008 passed in O.P.No.467 of 2005 by the Chairman, Motor Vehicle Accidents Claims Tribunal-cum-I Additional District Judge at Warangal (for short, the Tribunal).

(2.) The brief facts of the case are that on 25.03.1996, while the appellant was riding his motorcycle bearing No.AP23A 4432 and when he reached Dubbak Junior College, a tractor-trailor bearing No.AP23T 8500 and 8501 came in a rash and negligent manner with high speed and dashed the motorcycle of the appellant. In the said accident, the said tractor-trailor ran over the leg of the appellant. He filed the above OP against respondent Nos.1 and 2, owner and insurer of the tractor-trailor, claiming compensation of Rs.3,45,000/- for the injuries sustained by him.

(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 claimant is excessive, exorbitant, imaginary and out of proportion and sought to dismiss the petition.