GUNDALA SRINU SRINAIAH Vs. V.MADHAVA REDDY

JUDGEMENT

(1.) This appeal is filed by the appellant/claimant aggrieved by the Order and Decree dated 25.07.2005 passed in O.P.No.256 of 2002 by the Principal Motor Accidents Claims Tribunal at Nalgonda (for short, the Tribunal).

(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 18.09.2000 the petitioner along with his co-labourers started from Pulicherla Village in a lorry bearing No.AHH-3263 in order to go to Halia for the purpose of plucking of sweet oranges from a garden. At about 8.00 a.m. after crossing Peddavoora Village, the driver of the lorry drove it in a rash and negligent manner due to which the lorry turned turtle. As a result, the petitioner sustained fracture to right clavicle and multiple injuries all over the body. Immediately after the accident the petitioner was shifted to the Government Hospital, Nagarjuna Sagar, for treatment. The accident occurred solely due to the rash and negligent driving of the lorry by its driver. Prior to the accident, the petitioner was hale and healthy and was earning Rs.2,000/- per month by doing labour work and contributing the same for the family. Hence, the petitioner filed above OP against respondent Nos.1 and 2, the owner and the insurer of the lorry, seeking compensation of Rs.1,00,000/-.