MD HYDER KHAN Vs. ARCH PHARMA LABS LIMITED

JUDGEMENT

(1.) This appeal is directed against the orders dated 04.11.2008 Passed in O. P. No. 2108 of 2007 by the Motor Vehicles Accidents Claims Tribunal-cum-III Additional Chief Judge, City Civil Court, Hyderabad, seeking enhancement of compensation.

(2.) The petitioner herein is the claimant. He filed O. P. No. 2108 of 2007, under Section 166 of the Motor Vehicles Act, 1988 (for short the Act) claiming compensation of Rs. 6,00,000/- for the injuries sustained by him in a motor accident. It is the case of the claimant that on 24.11.2006 at about 7.00 PM while he was driving the auto bearing No. AP 23 T 5658 from Patancheru to Rudraram at National Highway No. 9, a private bus bearing No. AP 16 W 6388 being driven by its driver in a rash and negligent manner at high speed came and dashed against the auto, as a result of which the passengers in the auto and the claimant sustained injuries. The further case of the claimant is that he sustained grievous injuries and permanent disability. He claimed a total compensation of Rs. 6,00,000/- under various heads such as loss of earnings, transport charges, extra nourishment, damage to clothing, medical expenditure and future medical expenditure, attendant charges, pain and suffering, loss of amenities in life and future loss of earnings.

(3.) The first respondent-owner of the vehicle remained ex parte and the second respondent - Insurance Company contested the claim of the claimant and filed counter denying the averments of the claimant with regard to his age, income, sustaining of permanent disability and medical expenses etc.