MUSTAQ ALI Vs. ZAKEER PASHA

JUDGEMENT

(1.) Not being satisfied with the quantum of compensation, claimant is before this Court in this appeal under Sec. 173(1) of Motor Vehicles Act (hereinafter referred to as 'the Act' for short) seeking enhancement of compensation.

(2.) For the sake of convenience, the parties are referred to by their rank before the Tribunal.

(3.) It is the case of the petitioner that on 10/4/2011 at 4:10 a.m. petitioner was travelling with milk cans in Ape Truck Auto bearing Reg.No.KA-33-8156 ('Ape Truck Auto' for short) from Raichur towards Yadgiri. When they were near Ramasamudra village, on Yadgir-Hyderabad road, lorry bearing Reg.No.KA-35-A-9031 (hereinafter referred to as 'offending vehicle' for short) came from opposite side and dashed the Ape Truck Auto. In the said accident, the petitioner sustained grievous injuries resulting in permanent partial disability. At the time of accident, he was aged 47 years earning Rs.8,000.00 per month. Despite long treatment, he is not completely cured.