KURUBA BANDI YERRA GANGAPPA Vs. P. ASLAM BASHA, THE UNITED INDIA INSURANCE CO. LTD. REP. BY ITS DIVISIONAL MANAGER, E. GANGANNA AND THE NEW INDIA ASSURANCE CO. LTD. REP. BY ITS DIVISIONAL MANAGER

JUDGEMENT

(1.) THIS appeal is filed by the injured -claimant, having been aggrieved by the Order/Award of the Judge, Family Court cum Special Sessions Judge for trial of SCs & STs Cases -cum -Additional District Judge, Anantapur, (for short, 'Tribunal') in O.P. No. 491 of 2008 dated 13.10.2010, awarding compensation of Rs. 75,400/ - (Rupees Seventy five thousand and four hundred only) as against the claim of Rs. 2,00,000/ - (Rupees two lakhs only) with interest at the rate of 7 1/2% per annum as against the respondents 1 and 2 viz., the owner and insurer of the crime vehicle (lorry bearing No. AP 02 T 7452) for enhancement of compensation as prayed for in the claim petition under Sections 140 and 163 -A of the Motor Vehicles Act, 1988 (for short, 'the Act'). Heard Sri K. Maheswara Rao, learned counsel for the appellant and Sri G. Purushotham Rao, learned standing counsel for the 2nd respondent -United India Insurance Company Limited. The 1st respondent despite served with notice called absent with no representation, taken as heard the 1st respondent for the absence to decide on merits and perused the record. As can be seen from the award of the Tribunal in para No. 5 not pressed so far as the auto concerned in which the injured was traveling at the time of accident and thereby the claim was decided against respondents No. 1 and 2 i.e., the owner of the crime lorry bearing No. AP 02 T 7452 and its insurer United India Insurance Co. Ltd. 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 in nutshell are that the award of the Tribunal is contrary to law, weight of evidence and probabilities of the case, that the Tribunal was erred in taking monthly earnings of the injured by the date of accident i.e., 16.06.2006 only at the rate of Rs. 2,000/ - and that there is evidence to show that he is agriculturist and that even an agricultural collie can earn more than that so also for awarding loss of earnings during the period of one month 17 days of a sum of Rs. 3,000/ - and that thereby the award of the Tribunal is liable to be set aside and allowed the appeal as prayed for.

(3.) THE facts of the case as proved before the Tribunal and not in dispute in this appeal are that, on 16.06.2006 that the auto bearing No. AP 02 W 0791 was stopped at Sangameswara Swami temple cross road to take some more passengers in which the claimant was already traveling the driver of the lorry bearing No. AP 02 T 7452 drove the same in rash and negligent manner with high speed and dashed against the auto, as a result, the claimant sustained two grievous injuries viz., both bones of left leg and both bones of right leg (as per Ex. A.4 discharge summary), which occurrence is covered by Ex. A.1 First Information Report in Cr. No. 49 of 2006 under Section 337, 338 and 304 IPC. and Ex. A.3 is charge sheet.