HONOURABLE SMT. JUSTI CE TI RUMALA DEVI EADA

JUDGMENT:

This appeal is filed by the claimant aggrieved by the Order and Decree dated 11.12.2014 in M.V.O.P.No.1307 of 2002 passed by the Motor Accident Claims Tribunal, VIII Additional District Judge at Nizamabad (for short “the Tribunal”).

2. For convenience and clarity, the parties herein are referred to as they were arrayed before the Tribunal.

3. The case of the claim petitioner before the Tribunal is that on 01.02.2002, the petitioner was travelling in the auto bearing No.AP-25U-1259 at about 9.30 A.M. near the fruit market, Nizamabad, the auto turned turtle due to rash and negligent driving by the driver. As a result, the petitioner sustained fractures and immediately he was taken to Maithri Hospital, Khaleelwadi, Nizamabad, where he was admitted as inpatient andhe incurred expenditure of Rs.60,000/-. It is the case of the petitioner that he was a fruit vendor and was earning Rs.10,000/- to 12,000/- per month. He claimed a compensation of Rs.3,00,000/-

4. Respondent No.1 remained ex-parte. The respondent No.2 filed written statement denying the averments in the petition and further denied its liability to pay compensation and contend