T. MUNI RATNAM REDDY Vs. S. SATISH

JUDGEMENT

(1.) This is an appeal filed by the injured claimant against the award and decree dtd. 15/5/2006 passed by the District Judge- cum-Chairman, Motor Accident Claims Tribunal, Chittoor (herein after referred to as 'the Claims Tribunal') in M.V.O.P.No.105 of 2002.

(2.) Heard Mr. D. Vijayachandra Reddy, learned counsel for the appellant/claimant, and Mr. Gudi Srinivasu, learned counsel for the 2nd respondent-Insurance Company.

(3.) The appellant/claimant filed the said original petition claiming a compensation of Rs.2,00,000.00 for the injuries sustained by him in a road accident that occurred on 30/5/2001. In the said original petition, it is averred that the petitioner was aged about 59 years and earning Rs.1,500.00 p.m. as pension. On 30/5/2001, while the claimant was proceeding to his native village from Irala on a TVS-50 Moped, one Hero Honda Motor Cycle bearing registration No.AP 03D 9797 being driven in a rash and negligent manner by its driver came in the opposite direction and dashed against the claimant, as a result of which, the claimant fell down and sustained grievous injuries all over his body. Immediately after the accident, the claimant was shifted to the Government Hospital, Chittoor, wherein he was admitted as an inpatient for about five days and later shifted to the CMC Hospital, Vellore for better treatment and the claimant took treatment for about 27 days as an inpatient in the said hospital. The claimant underwent an operation in the CMC Hospital by spending a sum of Rs.80,000.00 besides Rs.7,000.00 towards other expenses. It is also averred that the claimant used to cultivate his lands and get Rs.50,000.00 p.a. and as a result of the accident, he is not in a position to cultivate the lands personally. While setting out the details with regard to the treatment and the operation undergone by him, the claimant claimed an amount of Rs.2,00,000.00 towards compensation. In support of his case, the claimant examined himself as P.W.1 and the Doctors, who treated him and conducted operation, as P.Ws.2 to 4. Exs.A.1 to A.12 were also got marked on behalf of the claimant. Exs.X.1 and X.2 i.e., copies of wound certificate and discharge summary issued by the CMC Hospital, Vellore, were marked through P.Ws.3 and 4, respectively.