MOHD KHAJA Vs. K CHANDESHWAR

JUDGEMENT

(1.) The petitioner in O.P. No.291 of 1999 assailing the impugned order dated 03.04.2003 on the file of the Motor Accidents Claims Tribunal - cum- District Judge, Medak at Sangareddy, filed this appeal seeking enhancement since he was awarded only Rs.1,52,500/-, with interest at 9% per annum from the date of petition till realisation, though he claimed a total compensation of Rs.4,00,000/- for the injuries and fractures sustained by him in a motor vehicle accident.

(2.) For the sake of convenience, the parties hereinafter referred to as they were arrayed in the O.P.

(3.) The facts, in brief, are that on 26.7.1998, the petitioner - claimant after offering evening prayers 'Namaz' in the Masjid located by the side of the Police Station at Sanga Reddy, was proceeding on State High Way on his motor cycle bearing No.AP 23-6670 at about 7.30 p.m. towards new bus stand. When he reached near T-Junction, respondent No.2 who was driving Maruthi Car bearing No.AP-28-T-5060, came from Guest House side and took a long turn towards his left side while joining the State High Way Road at high speed in a rash and negligent manner and dashed the motor cycle of the petitioner due to which the petitioner was thrown away from the motor cycle. The petitioner received grievous injuries and both of his legs were fractured. The petitioner was shifted to Government Hospital, Sangareddy, from there he was taken to Medwin hospital and thereafter he was admitted as inpatient in Uday Clinic, which is specialised Orthopaedic Hospital at Hyderabad on the same night. After four days he was operated upon and bones were set by fixing steel rods. The petitioner was discharged on 11.8.1998. The S.H.O., Sangareddy town registered a case in Crime No.120/98. Respondent No.1, who is father of respondent No.2, is the owner of the Maruthi Car and he entrusted the same to his son i.e. respondent No.2. Respondent No.2 was holding a valid driving licence at the time of the accident. The Maruthi Car was insured with respondent No.3. The petitioner was earning more than Rs.10,000/- per month by doing business and giving Karate training to the students.