LAWS(APH)-2013-12-146

YELETI YESHODA Vs. B SUDHAKAR RAJU

Decided On December 05, 2013
Yeleti Yeshoda Appellant
V/S
B. Sudhakar Raju Respondents

JUDGEMENT

(1.) THE Claimant -injured, by name Smt. Y. Yashoda, filed this appeal having been aggrieved by the Order/Award of the learned Chairman, Motor Accidents Claims Tribunal -cum -District Judge, Nizamabad (for short, 'Tribunal') in O.P. No. 237 of 200 dated 18.12.2006, awarding compensation of Rs. 1.82,142/ -as against the claim of Rs. 5,00,000/ - against the respondent Nos. 1 and 2 viz., the owner and insurer of the crime vehicle (lorry), for enhancement of compensation as prayed for in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act'). Heard the learned counsel for the appellant and respondent No. 1 and also the learned Standing counsel for the 2nd respondent. Perused the material on record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(2.) THE contentions in the grounds of appeal mainly are that the tribunal erred in not taking consideration of the earnings of claimant at Rs. 20,000/ - per month from agriculture and also erred in grant of meager amounts for grievous injuries, pain and suffering, loss of earnings, transport charges, medical charges and attendant charges and thereby sought to enhance the compensation as claimed in the claim petition.

(3.) NOW the points that arise for consideration in the appeal are: