V. SHANKER Vs. SYED MOHAMOOD HUSSAIN AND THE NEW INDIA ASSURANCE COMPANY LIMITED, REP. BY ITS DIVISIONAL MANAGER

JUDGEMENT

(1.) THE injured claimant, having been aggrieved by the Order/Award of the Motor Accidents Claims Tribunal -cum -VII Additional District and Sessions Judge, Nizamabad at Bodhan (for short, 'Tribunal') in O.P. No. 1709 of 2003 dated 13.08.2010, granting only Rs. 41,750/ - (Rupees forty one thousand and seven hundred fifty only) for the injuries he sustained in the motor accident on 13.11.2003 against the claim of Rs. 3,00,000/ - (Rupees three lakhs only) against the respondent Nos. 1 and 2, the owner of crime auto AP 25 U 3734 and its insurer filed the appeal; for enhancement of compensation as prayed for in the claim petition under Section 166(i)(a) of the Motor Vehicle Act, 1988 (for short, 'the Act'). Heard Sri Y.S. Yellanand Gupta, learned counsel for the appellant. The 1st respondent owner of the crime auto refused to receive notice thereby taken as served and 2nd respondent insurer of the auto even served with notice failed to appear and thus taken as heard the respondents for the absence to decide on merits and 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 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 awarding only a meager amount of Rs. 41,750/ - and in not awarding any amount to the disability or for the multiple factures sustained by the claimant to the hands and legs as per the evidence of P.W. 2 as well as Ex. C1 case sheet, Ex -A3 medical certificate and thereby seeking to allow the appeal as in the claim petition prayed with interest.

(3.) THE facts of the case as proved before the Tribunal and not in dispute in this appeal are that, on 13.11.2013, while the claimant along with others were proceeding in an auto bearing No. AP -25 -U -3734 in order to go to Bodhan, when the auto reached at Akbarnagar crossing, the driver of said auto drove the same in a rash and negligent manner with high speed, due to which, the auto was turned turtle and the claimant and other inmates of the auto sustained injuries. The claimant sustained fracture of right knee patella, fracture of right shoulder clavicle, fracture of left elbow radial head, fracture of left leg fibula and multiple abrasions over forehead, laceration over left leg, injuries on head, chest, hands, legs and on other parts of the body (as per Ex. A3 -medical certificate and Ex. A7 -X -rays), which occurrence is covered by Ex. A1 -First Information Report in Crime No. 125 of 2013 under Section 337 and 338 IPC and Ex. A2 -charge sheet. As per the evidence of the claimant -P.W. 1, he spent 1,00,000/ - for treatment. The learned Chairman of the Tribunal, having found said injuries sustained by P.W. 1 described in Ex. A3 and A7 as grievous in nature, awarded in all compensation of Rs. 41,750/ - (Rupees forty one thousand seven hundred and fifty only) out of Rs. 3,00,000/ - against the respondents herein jointly and severally.