UNITED INDIA INSURANCE COMPANY LIMITED Vs. JANGITI MOMURAIAH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal under the Motor Vehicles Act, 1988 (for short 'the Act') arises out of award, dated 16.11.2006, in M.V.O.P. No. 332 of 2005, on the file of the Chairman, Motor Vehicles Accidents Claims Tribunal-cum-II Additional District and Sessions Judge, (Fast Track Court) Medak at Sangareddy (for short 'the Tribunal').

(2.) Respondent No. 1 - claimant is an agricultural labourer. On 19.12.2004, respondent No. 1 boarded auto bearing No. AP 23 U 156, belonging to respondent No. 2 and insured with the appellant -United Insurance Company Limited, at Chowdaram Village to go to Chinnakodur Village. When the said auto reached the outskirts of Chinnakodur Village, it turned turtle, resulting in causing injuries to its inmates including respondent No. 1. Respondent No. 1, therefore, filed M.V.O.P. No. 332 of 2005, claiming Rs. 1 lakh as compensation. The Tribunal has awarded Rs. 1,00,000/- as total compensation under various heads viz., Rs. 1,25,064/- towards loss of income for the alleged permanent disability taken at 20%, Rs. 9,000/- towards medical bills and Rs. 3,000/- towards mental agony. Since the claimant has claimed only a sum of Rs. 1,00,000/-, compensation amount was limited to said sum only.

(3.) At the hearing, Sri A.Ramakrishna Reddy, learned Counsel for the appellant, advanced his contention disputing the award to the extent of the compensation towards loss of income for the alleged partial permanent disability suffered by respondent No. 1.