HANUMANTHU Vs. D. SURAYYA

JUDGEMENT

(1.) The claimant/appellant is before this Court not being satisfied with the quantum of compensation awarded and aggrieved by the exoneration of respondent No.3-insurance company, under the judgment and award dated 01.09.2010 passed in M.V.C. No.1194/2009 by the XI Motor Accident Claims Tribunal at Ballari.

(2.) Even though the appeal is listed for admission, with the consent of the learned counsels for the parties, the same is heard finally and disposed of by this judgment.

(3.) The claimant/appellant filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') claiming compensation for the accidental injuries suffered by him in a road traffic accident. It is stated that on 26.02.2009, when the claimant was traveling in an autorickshaw bearing registration No.AP-02/W-4592, as a passenger, the driver of the autorickshaw drove the same at high speed and in a rash and negligent manner, due to which the driver lost control over the autorickshaw and the auto turtled on the extreme side of the road. Due to the said accident, the claimant and other inmates of the autorickshaw sustained injuries. It is stated that the claimant took treatment as an inpatient in VIMS Hospital, Ballari from 26.02.2009 to 21.03.2009 and incurred a sum of Rs.1,00,000/- towards medical and other expenses. The claimant was aged 33 years, doing laundry work, earning Rs.6,000/- per month which he used to contribute to his family.