MD KHALEEL Vs. J SATYANARAYANA

JUDGEMENT

(1.) The injured-claimant filed this appeal, having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunal-cum-XIII Additional District Judge, Krishna district, at Vijayawada,(for short, 'Tribunal') in M.V.O.P. No. 503 of 2009 dated 25.08.2011, awarding compensation of Rs. 17,000/- (Rupees seventeen thousand only) as against the claim of Rs. 1,00,000/- (Rupees one lakh only), 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 Smt. B.G. Uma Devi, learned counsel for the appellant and Sri I. Maamu Vani, learned standing counsel for the 2nd respondent-M/s. National Insurance Company Limited. The 1st respondent-owner of the crime vehicle served with notice is called absent with no representation. Taken as heard the 1st respondent for his absence to decide on merits and perused the 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 in nutshell are that the award of the Tribunal is contrary to law, weight of evidence and probabilities of the case, that the Tribunal erred in arriving a wrong conclusion on the quantum of compensation and awarded a very meager amount instead of awarding as claimed and prayed for from nature of the injuries proved sustained, pain and sufferance there from, treatment undergone and amount incurred for the same and hence to allow the appeal by enhancing and awarding full compensation as prayed for.

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