BATCHU SREENIVAS Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) Being aggrieved by the award of Rs.40,000/- as compensation, by the order, dated 22.01.2007, in MVOP No.520 of 2005 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge, Guntur, as against the claim of Rs.3,00,000/- laid under Sections 140 and 163-A of the Motor Vehicles Act, 1988 (for short 'the Act'), the instant appeal is preferred by the petitioner seeking enhancement.

(2.) For the sake of convenience, the parties are hereinafter referred to as they were arrayed in the Original Petition before the Tribunal.

(3.) The facts, in brief, are that on 18.01.2005 the petitioner and others after visiting Sabarimalai were returning to Guntur in a bus bearing registration No.AP 7X 1076; on the way, near Tiruchi leading to Chennai 45 Road, their bus was stopped due to mechanical defect, as such at about 8.00 AM the petitioner and others got down from the bus and were waiting on the left side of the road margin in search of a tea stall; meanwhile, the bus bearing registration No.TN 7N 9358 came from behind in a rash and negligent manner without blowing horn and dashed the petitioner, due to which he sustained fracture to his right leg besides receiving other injuries to head, face and all over the body; the petitioner was shifted to Devi Clinic at Vempur and on the advice of the Doctors he was shifted to the Government Hospital, Vistachalam, from there he was shifted to the Government Hospital, Tirupathi; again he was shifted for better treatment to a private nursing home namely Venkateswara Nursing Home where he underwent operations twice and rods were inserted to his right leg; he needs further operation; the police registered a case against the driver of the crime vehicle; as on the date of incident, the petitioner was aged about 24 years and earning Rs.300/- per day by doing business; due to accident, the petitioner sustained permanent disability and lost his earning capacity; he spent Rs.80,000/- for medical expenses, hence he claimed compensation of Rs.3,00,000/-.