T MAHESH Vs. S PULLAIAH

JUDGEMENT

(1.) This appeal filed by the claimant is against the Award of the Motor Accidents Claims Tribunal (District Judge) at Khammam in M.T.O.P. No.277/85 awarding only Rs. 30,000/- by way of compensation as against Rs. 60,000/- claimed for the injuries caused to the petitioner-appellant as a result of the accident that took place on 2-8-1985.

(2.) According to the petitioner-appellant who was 15 years age on the date of accident, when he was going on a cycle, the lorry bearing registration No. ADB. 4507 driven by the first respondent in a rash and negligent manner, came behind him and hit him and as a result he sustained multiple injuries including a grievous injury to the right leg. He was treated as an in-patient in the Government Hospital, Khammam till 4-11-1985 and skin-grafting was done to his right leg. It is also his case that he was a brilliant boy, hale and healthy and a good sportsman. As a result of the permanent disability, he could not pursue his further studies or extra-curricular activities.He claimed general damages of Rs. 57,000/- towards compensation for pain and suffering of himself and his family members and Rs. 1,000/- towards special damages for medical expenditure incurred, Rs. 1,000/- towards medical expenditure to be incurred and for extra-nourishment. The owner, as well as the driver of the lorry, opposed the claim petition contending that the accident was not due to rash and negligent driving of the driver and was caused only due to the neglignce of the petitioner-appellant himself and in any event the amount claimed is excessive. The Insurance Company which has insured the lorry in question, filed a similar counter. The Tribunal held that the accident arose out of the rash and negligent driving of the driver of the lorry. As regards compensation, the Tribunal awarded Rs. 30,000/- and it is not clear under what head it was awarded- whether pecuniary or non-pecuniary loss.

(3.) Against the order of the Tribunal that the accident occurred due to the rash and negligent driving of the driver of the lorry, there is no appeal filed either by the owner or driver of the lorry or the insurance company. In this appeal the appellant is seeking recovery of the balance of compensation claimed by him i.e. Rs. 30,000/- Pecuniary Loss: (a) Medical Expenditure:-