APHC010273972005 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311]

(Special Original Jurisdiction)

Saturday, the seventh day of March two thousand and twenty six Present The Honourable Ms. Justice B. S. Bhanumathi Motor Accident Civil Miscellaneous Appeal No.3629 of 2005 Between:

Patnana Appanna ...Appellant and Shaik Masthan Pyarejan and others ...Respondents Counsel for the appellant:

1. Aravala Rama Rao Counsel for the respondents:

1. B. Nalin Kumar

2. V. Veerabhadra Chary The Court made the following:

JUDGMENT

This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the award and the decree, dated 11.05.2005, in M.V.O.P.No.457 of 2000 before the Chairman, Motor Accidents Claims Tribunal-cum-District Judge, Srikakulam.

2. The appellant is the claimant and the respondents are the respondents before the Tribunal.

3. The case of the claimant, briefly stated, is as follows:

On 06.03.2000, at about 7 P.M., after loading casuarina timber poles, the claimant boarded a lorry bearing No.AP 30/T 5533 of the respondent No.1 at Akulamulagam village for unloading the timber at Vizianagaram. On 07.03.2000 at about 2 A.M., near Girivanipalem road junction, the driver of the l