YELLABOYINA PEDA BRAHMAIAH Vs. B SRINIVASA GOUD

JUDGEMENT

(1.) THESE appeals are preferred against the judgment dt. 27-9-1989 passed in M. V. O. P. No. 336 of 1987 on the file of the Motor Vehicles Accidents Claims Tribunal (III Additional District Judge), Guntur.

(2.) THE facts giving rise to the filing of the above O. P. are that the appellant in CMA No. 793/87 who was a vegetable vendor, was travelling in a lorry bearing Regn. No. AET 5981 from Pylong Colony to reach Macherla, on 22-2-1987. The driver of the vehicle drove the lorry rashly and negligently when reached the curve near Econampt Junction on Nagarjunasagar-Macherla Road, as a result of which the lorry fell down on its right side resulting in fatal injuries to the claimant herein.

(3.) THE Court below after elaborately considering the material available on record, held that the driver drove the vehicle in a rash and negligent manner, and awarded compensation of Rs. 10,000-00 to the claimant towards disability, pain and suffering. As against the said award, the Insurance Company preferred CMA No. 547/90 while the claimant preferred CMA No. 793/87 claiming enhancement.