BAJANDRI SIVA SANKARAIAH Vs. K. LAKSHMI

JUDGEMENT

(1.) The Injured/Claimant (minor) represented by his father B.Subbarayudu, aggrieved by the Order dtd. 18/10/2001 passed by the Chairman, Motor Accidents Claims Tribunal-cumIV Additional District Judge, Kurnool (for short "the Tribunal") in M.V.O.P.No.586 of 2000, filed the instant appeal seeking enhancement of the compensation.

(2.) For the sake of convenience, the parties are referred to as they are arrayed before the Motor Accidents Claims Tribunal.

(3.) (a) The claimant/injured filed the above-mentioned original petition claiming compensation of Rs.1,00,000.00 for the injuries sustained by him in a road accident that occurred on 28/6/1999. In the original petition, it is averred that, while the claimant was going on a cycle to the market at Koilkuntla and when he reached near the house of Pedda Giddanna, the offending vehicle (car) bearing No.AP 16 V 2869 came behind the claimant/injured, being driven by its driver in a rash and negligent manner at a high speed and hit the cycle, due to which the claimant has fallen, sustained fracture injuries and was taken to the Government Hospital, Koilkuntla and from there, he was taken to a private hospital in Nandyal for better treatment. The matter was reported to the Police alleging that the accident has taken place as a result of rash and negligent driving of the said offending vehicle (car bearing No.AP 16 V 2869). Based on the F.I.R lodged by the claimant/injured, a case in Crime No.48 of 1999 for the offence under Sec. 337 IPC was registered and after investigation of the case, a charge sheet was submitted against the accused-driver for having committed the offence under Sec. 338 IPC. The claimant filed an application claiming compensation of Rs.1,00,000.00 before the Claims Tribunal at Kurnool on account of the injuries sustained by him in a road accident.