A KOTAIAH Vs. V KASIVISWANADHAM

JUDGEMENT

(1.) The injured-claimant who is the appellant has filed this appeal against the order of the Motor Accidents Claims Tribunal, Guntur, seeking further compensation of Rs. 39,500/- in addition to Rs. l0,500/-awarded by the Tribunal. Heciaimed total compensation of Rs. 50,000/-comprising of Rs. 25,000/-towards loss of earning capacity; Rs. 15,000/- towards loss of future prospects; Rs.2,500 /- to wards physical pain and suffering; Rs.5,000/- towards loss of past earnings and Rs.2,500/- towards medical expenses.

(2.) The case of the appellant who was working as a cleaner in the lorry bearing No. A.T.S.3281 is that in the early hours of 25th June, 1988, he received injuries on his fore-head and his left leg was fractured due to the rash and negligent driving of the driver of the lorry in which he was travelling. He claimed a total compensation of Rs.50,000/-. The owner of the lorry remained ex parte in the Tribunal, while the insurance company with which the lorry was injured opposed the petition contending that there was no negligence on the part of the driver, and since the claimant is an unauthorised person travelling in the goods vehicle, the insurance company is not liable to pay the compensation. The Tribunal held that the accident took place on account of the rash and negligent driving of the driver of the lorry. Regarding quantum, the Tribunal awarded Rs.500/- towards loss of past earnings and Rs.10,000/- towards physical pain and suffering and loss of amenities of life, totalling Rs.l0,500/-. Even though the insurance company has taken plea in the written statement that the claim of the injured is not covered by the insurance policy, it took a different stand during the trial that the driver had no valid driving licence. The Tribunal rejected the contention and held that the insurance company is also liable to pay the compensation. Against this award, neither the owner nor the insurance company has preferred any appeal. In this appeal, the claimant is seeking further compensation of Rs. 39,500/-.

(3.) Loss of future earnings :- The claimant who was aged 22 years at the time of the accident and 23 years of age at the time of trial, was admitted in the Guntur Govt. Hospital on 25-6-88 for treatment of fracture of left femur. According to P.W. 2 who is the Doctor, the injured was in the hospital till 4-9-88, wais treated with pin traction, later operation was done for Intra medullary nailing and bone grafting was also done, still he was having nail inside and that another operation was required. According to the Doctor knee joint movements of the claimant are restricted and the claimant cannot walk long distances and cannot 1 sit hours together. According to him, the physical impairment if 15% to 20%.