CHERUKUVADA RADHAKRISHNA MURTHY Vs. KHANDAVALLI BABJI

JUDGEMENT

(1.) IN this appeal filed by the claimant against the award of Motor Accidents Claims Tribunal, Rajahmundry, the appellant claims further damages of Rs. 7,000/- in addition to Rs. 18,000/granted by the Tribunal under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'act' ).

(2.) ACCORDING to the petition, on 7-12-1984, the appellant who was going on cycle in Rajahmundry town was hit by a lorry bearing No. A. B. P. 7889 due to the rash and negligent driving of its driver as a result of which the appellant sustained fracture to his left leg and multiple injuries all over his body. The appellant was aged 40 years and he was a lorry cleaner by profession. Due to the accident, he was permanently disabled due to the shortening of the leg by 4 inches. The appellant claimed Rs. 3,200/- for medical expenses, Rs. 800/towards cost of wrist watch and cycle, Rs. 4,000/- towards compensation for pain and suffering, Rs. 15,000 /towards compensation for permanent disability and Rs. 2,000/- for the loss of earning power, totalling Rs. 25,000/ -.

(3.) THE respondents opposed the petition denying rash and negligent driving of the driver and sustaining of injuries by the claimant. The Tribunal found that the accident occurred due to the rash and negligent driving of the driver and awarded compensation of Rs. 18,000/- comprising of Rs. 5,000/- towards damages for pain and suffering Rs. 3,000/- towards medical expenses and cost of clipper purchased and Rs. 10,000/- towards loss of future earnings.