GUNDALA YADAIAH Vs. S SHYAM PRASAD

JUDGEMENT

(1.) THE claimant seeking enhancement of compensation preferred this Civil Miscellaneous Appeal against the judgment and decree in O.P. No.315 of 2002 dated 27.8.2003 passed by the learned Chairman, Motor Accidents Claims Tribunal, Nalgonda, whereby and whereunder the Tribunal awarded a compensation of Rs.59,200/- under the Motor Vehicles Act, 1988 (for short 'the MV Act') as against the claim of Rs.1,50,000/-.

(2.) THE appellant herein is claimant and the respondents are owner of the tempo van bearing No.AP 24 - U - 4045 and its insurer respectively on which the claimant was said to be working as a cleaner on a monthly salary of Rs.3,000/-.

(3.) RESPONDENT No.1 - owner of the tempo van remained ex parte. Respondent No.2 - Insurance Company filed its counter denying the case of the claimant stating that the van was not involved in any accident and the claimant has not suffered any injuries. It is its further case that the claimant was not an employee of respondent No.1, the driver of the van was not having valid driving licence to drive the same and the van is not roadworthy and that the tempo van of respondent No.1 was not insured with it. It also pleaded that the compensation claimed is excessive.