U.DURGA PRASAD RAO
Janapareddy Nagayya @ Naganna – Appellant
Versus
R. Mallikarjuna Rao – Respondent
Challenging the award dated 10.07.2003 in O.P.No.647 of 2001 passed by the Chairman, M.A.C.T-cum-District Judge, East Godavari at Rajahmundry (for short the Tribunal), the claimant preferred the instant appeal.
2) The factual matrix of the case is thus:
a) The case of the claimant is that on 14.08.2001 at about 3:00am, he was proceeding on his cycle on Gowthami Bridge to Jonnada junction along with vegetables and when he reached near Gowthami Bridge, Ravulapalem, one lorry bearing No.AIC 5040 came in opposite direction being driven by its driver/1st respondent in a rash and negligent manner without blowing horn and dashed him. Thereby, the claimant fell on the road and sustained fracture to right and left leg thighs, injury on the chest and contusions all over the body. Immediately, he was shifted to Government Hospital, Kothapeta and then to Government Headquarters Hospital, Rajahmundry and from there to Chaitanya Orthopedic Hospital, Tanuku, where his thighs were operated. It is averred that the accident was occurred due to the rash and negligent driving by the driver of the offending lorry. On these pleas, the claimant filed OP.No.647 of 2001 against respondents 1 to 3,
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