PITHULA PATHRUDU Vs. BOTA CHINNA RAO

JUDGEMENT

(1.) This is an unfortunate case of motor accident injury wherein the appellant sustained brain injury and describing it as organic psychosis filed a claim petition under section 166 of the Motor Vehicles Act for a sum of Rs. 2,20,000. The Tribunal awarded compensation of Rs. 51,000 both under pecuniary and non-pecuniary damages.

(2.) The brief facts of the case are as follows: On 10.1.1990 at about 8.15 p.m. the injured-appellant Pithula Pathrudu along with some other persons started on a cycle to witness second show cinema in Swamy Theatre, Thagarapuvalasa from their village Kapula Uppada. When they reached the garden of Katanpeta, a Matador van bearing No. ADJ 2464 which was coming from Thagarapuvalasa towards Bheemili Road in a rash and negligent manner without blowing horn, dashed the cycle of the appellant and the appellant fell down on the road and sustained injuries on the left eyebrow, left chin, severe contusion to the head and abrasions to both knees of the legs. The petitioner was taken in the same van and admitted in the Government Hospital, Bheemunipatnam. It is stated that at the time of accident, the petitioner was an agricultural labourer earning Rs. 1,200 per month and due to the injuries sustained, he became disabled and was not able to carry on the agricultural operations, thus claimed the above said compensation.

(3.) The respondent Nos. 1 and 2, namely, the driver and the owner of the vehicle remained ex parte, whereas the respondent No. 3, insurance company, filed counter disputing the earnings and attributing negligence on the part of the cyclist stating that he was carelessly driving the bicycle and he himself is responsible for the said accident and the compensation claimed is excessive.