THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO

JUDGMENT :

1. This Appeal assails the correctness of the Judgment and Award passed by the III Additional District Judge (Motor Accidents Claims Tribunal) at Karimnagar in MVOP No.899 of 2012, dated 17.01.2019.

2.1. It is contended in the claim petition that on 05.05.2005 in the late hours, the petitioner and his friend by name Krishna were going towards Kaman at Karimnagar on TVS Victor bearing No.AP-15-N-816 driven by the petitioner, when they reached opposite to Kalabharathi at about 12.30 night, respondent No.1 was driving Bajaj Auto Trolley/pick up Van bearing No.AP-15-W-8987 with load of vegetables in high speed. The driver of the Bajaj Auto drove the vehicle in a rash and negligent manner and dashed the petitioner due to which he fell down on the road. The petitioner was shifted to Government Hospital, Karimnagar from there to Prathima Institute of Medical Sciences and operation was conducted by two Doctors on right thigh and external fixtures were fixed, he was discharged on 23.05.2005. Petitioner was again admitted in the said Hospital on 01.07.2005, underwent another operation and external fixtures were removed and plaster of paris was