POTNURI SATYA RAO Vs. B VENKATA RAO

JUDGEMENT

(1.) THIS is an appeal, under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act') by the injured seeking enhancement of the compensation awarded by the II Additional District Judge, Visakhapatnam in M.O.P.No. 135 of 1999, on 07.03.2003.

(2.) THE facts, in brief, are as follows. THE appellant filed the above said O.P. under Section 166 of the Act, claiming compensation of Rs. 2,00,000/- for the injuries said to have been sustained by him in a motor vehicle accident. According to him, he was working as a driver and while discharging his duties as such, on 17.06.1997, at about 08.30 a.m., he started from Damuku and when reached Araku Village, a lorry bearing Registration No. APT 2139 which was coming in opposite direction, in a rash and negligent manner, dashed against the petitioner's lorry bearing Registration No. AIQ 5868, as a result, the front portion of the petitioner's lorry damaged and the petitioner's right leg and left hand were fractured apart from grievous injuries all over his body. He pleads that he was earning Rs. 6,000/- per month at the time of accident and he spent Rs. 70,000/- towards his treatment.

(3.) BASED on the pleadings of the parties, the Tribunal framed the following issues for trial.