GADDAM REDDAIAH Vs. A PANEER SELVAM AND ORS

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 - V Additional District Judge, Tirupati, Chittoor (for short, 'Tribunal'), in M.V.O.P.No. 120 of 1999, dated 28.08.2000, awarding compensation of Rs.1,40,216/-(Rupees one lakh forty thousand two hundred and sixteen only) as against the claim of Rs.2,50,000/-(Rupees two lakhs fifty thousand only), against respondent Nos. 1 and 2 viz., the owner and insurer of the crime bus bearing No. AP 03 U 36 for enhancement of compensation as prayed for in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act').

(2.) Heard Sri A.Chandraiah Naidu, learned counsel for the appellant and Sri Ravi Shankar Jandhyala, learned counsel appearing for the 2nd respondent - New India Insurance Company Limited. The appeal against 1st respondent - owner of the crime bus No. AP 03 U 36 was dismissed for default in payment of batta. In this regard, in M.Chakradhara Rao Vs. Y.Babu Rao, 2001 1 ALT 495 DB at paragraph No. 12, a Division Bench of this Court held that statutory liability of the insurance company in the absence of owner of the crime vehicle in the appeal filed by the claimant can be decided and maintainable as held in New India Assurance Company Limited Vs. Harijana Babakka, 1992 2 ALT 155 and thereby, the appeal can be taken up for hearing. Perused the material on record. The parties hereinafter referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(3.) 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 therefrom, treatment undergone and amount incurred for the same and hence to allow the appeal by enhancing and awarding full compensation as prayed for.