LAWS(APH)-2010-11-38

CHERUKURI PARVATHI Vs. P S G KUMAR

Decided On November 11, 2010
CHERUKURI PARVATHI Appellant
V/S
P.S.G. KUMAR Respondents

JUDGEMENT

(1.) This civil miscellaneous appeal arises out of award dated 21.02.2003 in O.P. No. 193 of 1999 on the file of the I Additional District Judge-cum-Motor Accidents Claims Tribunal, Guntur (for short, "the Tribunal").

(2.) The claimant in the O.P., who felt dissatisfied with the quantum of compensation awarded by the Tribunal, filed this appeal. Since the quantum of compensation alone is in dispute, it is not necessary to refer to the manner in which the accident has occurred. It will suffice to note that on account of the accident involving the lorry belonging to Respondent No. 1 and insured with Respondent No. 2, the Appellant has initially claimed compensation of Rs. 2,00,000/-. However, on the ground that she has undergone as many as seven operations during the pendency of the O.P., she has enhanced her claim to Rs. 3,25,000/- by way of an amendment. The Tribunal has, however, awarded a total compensation of Rs. 30,000/- comprising Rs. 20,000/- towards pain and suffering and permanent partial disability and Rs. 10,000/- towards the expenditure for treatment.

(3.) At the hearing, Sri J.U.M.V. Prasad, learned Counsel for the Appellant, has urged two points, namely; that the Tribunal has committed a serious error in not awarding appropriate compensation for permanent partial disability suffered by the Appellant and that the Tribunal has ignored the evidence of PW.2, who has categorically deposed that the Appellant would have incurred not less than Rs. 1,00,000/- towards medical expenses.