PALA JAGANMOHAN Vs. P KALYANACHAKRAVARTHI

JUDGEMENT

(1.) The judgment of a learned single Judge of this Court in AAO No. 595 of 1993 dated 14-9-1999 is assailed in this LPA.

(2.) This matter arises under Motor Vehicles Accident Claims Tribunal. The claimant is the appellant before this Court. The case of the appellant is that while he was travelling along with his wife in an autorickshaw bearing No. AP31 T1673 on 23-12-1990 at about 1.30 p.m., to go to a lodge near the Waltair Railway Station and when they reached near Old Railway Hospital, the lorry bearing No. AAV 9727 came and hit the autorickshaw due to which his wife died and the appellant received injuries to his left hand and fracture to his right turner (leg) and he was treated in King George Hospital from 23-12-1990 to 23-3-1991. The accident has occurred due to rash and negligent driving of the driver of the lorry. Hence he filed MVOP claiming compensation of Rs. 2,00,000.00 under various heads i.e., Rs. 3,000.00 towards loss of earnings, Rs. 3,000.00 towards transport and extra nourishment, Rs. 12,000.00 towards medicines and medical treatment charges under the head special damages, Rs. 30,000.00for pain and suffering and mental agony and Rs. 75,000.00 as compensation for continued or permanent disability besides Rs. 75,000.00for the loss of earning power and loss of expectancy.

(3.) The Tribunal having held that there is no permanent disability awarded Rs. 11,845.00towards loss of earning, Rs. 942.00 towards medical expenses including X-ray photos, Rs. 15,000.00 for pain and suffering and Rs. 2,212.00 for transportation. In all an amount of Rs. 30,000.00 was awarded as compensation. Aggrieved by the said order and decree, the appellant herein preferred AAO No. 595 of 1993. The learned Judge while accepting the compensation given on other grounds awarded an amount of Rs. 10,000.00 towards transportation and nourishment. Hence, this appeal.