THE HON’BLE SMT. JUSTICE RENUKA YARA M.A.C.M.A.No.326 OF 2023

JUDGMENT:

This is an appeal preferred by the appellant/claimant aggrieved by the order, dated 22.11.2022, passed in M.V.O.P.No.296 of 2019 by the learned Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Nizamabad (for short, ‘the Tribunal’).

2. Heard both sides. Perused the record.

3. The brief facts of the case are that the appellant filed the claim petition for Rs.2,00,000/- as he met with an accident on 17.09.2018 while he was going on TVS XL No.TS-16-EH-3251 from Arsapally to Nizamabad and at 6:30 P.M. when the motorcycle crossed Arsapally railway gate, one lorry bearing No.TS-16-UB-5200 driven by its driver in a rash and negligent manner dashed the TVS XL moped from back side resulting in accident and injuries to the appellant. In the accident, the appellant sustained fracture of right hand, right leg and right scapula and other injuries all over the body.

4. The appellant/claimant got examined P.Ws.1 and 2 and got marked Exs.A1 to A16. Respondent No.2 got examined R.W.1 and got marked Ex.B1-copy of policy.

5. Upon examining the oral and documentary evidence, the Tribunal held that the accident