SHAIK HYDER Vs. MOHD AZEEZ

JUDGEMENT

(1.) Aggrieved by the quantum of compensation awarded, the appellant/claimant preferred the present appeal challenging the award dt. 24-9-2004 passed in OP No. 1246/1998 on the file of Motor Accidents Clams Tribunal-cum-District Judge, Nizamabad. The claimant filed claim petition claiming compensation to an extent of Rs. 2,20,000/- in respect of the injuries sustained by him in a motor accident. The tribunal after considering the material on record, awarded a sum of Rs. 34,500/- towards compensation on account of injuries sustained by the claimant.

(2.) The facts which led to filing of the appeal are as follows: On 15-11-1998, the claimant was going by walk on the side of the road from Court road towards Idgah road at Nirmal. At about 1-30 p.m., when he was in front of MRO quarters near Sharad Mahal, an auto bearing registration No. AP 1 T 3082 driven by its driver at high speed and in a rash and negligent manner came from opposite side and dashed against the claimant. Due to which, he fell down, and front wheel of the auto ran over the legs of the claimant, resulting in fracture of right leg, neck of femur, injuries to left leg, head and other parts of the body. Immediately, the claimant was admitted in Government Hospital, Nirmal and thereafter he was referred to Government Headquarters Hospital, Nizamabad, where Dr. Ramulu treated him. From there he was shifted to Orthopedic hospital. In respect of the above incident, the police registered a case in Cr. No. 223/1998 under Section 337 IPC of Nirmal I Town Police Station against the driver of the auto. Ex. A-1 is the First Information Report. After completing investigation, the police filed charge sheet and the same was brought on record as Ex. A-2.

(3.) The first respondent, who is the owner of the auto, in OP, remained ex parte before the tribunal.