D ROSAIAN Vs. SHAIK BABA

JUDGEMENT

(1.) The claimant is the appellant. The claimant is aggrieved by the meagre amount of compensation of Rs.1,38,000/- for the grievous injuries sustained by him in the road accident that took place on 26.09.2003.

(2.) The claimant filed the claim petition by contending that on 26.09.2003 at about 10.15 am when he was driving the Mini lorry bearing Registration No. TN 23 U. 5457 from Hyderabad to Chennai, next to Patimeethi Palli, Khajapeta, Cudappah District, Andhra Pradesh, the bus bearing Registration No. AP 1 Z 2529 was driven by its driver in a rash and negligent manner and hit against the lorry driven by the claimant. In the impact, the claimant sustained crush injury in his right leg below the knee, Mesentric Tear with Pregangrenous small intestine resection and other injuries all over his body. During the course of treatment, the right leg of the claimant was amputated below knee. According to the claimant, originally, he was admitted in Government Hospital, Cudappah between 26.09.2003 and 15.10.2003 and thereafer, he was shifted to the hospital of Prof. Mayil Vahanam Natarajan, an Orthpedician at Kilpauk, Chennai. At the time of accident, the claimant was aged 33 years, owner cum driver of the lorry and earning a sum of Rs.18,000/-Therefore, for the injuries sustained in the accident, the claimant claimed Rs.26,34,000/-, but restricted it to Rs.12,20,000/-.

(3.) The transport Corporation/second respondent herein resisted the claim petition by filing a counter before the Court below.