BAVIRISETTY KRISHNA BABU Vs. POTHANABOINA SRINIVASA RAO

JUDGEMENT

(1.) Appellant who received injuries in an accident caused by a lorry belonging to the first respondent and insured with the second respondent, filed the claim petition seeking compensation of Rs.3,00,000.00 from the respondents. First respondent chose to remain ex parte both before the Tribunal and in this Court. Second respondent contested the claim by filing a counter. In support of his case, appellant examined three witnesses as PWs. 1 to 3 and marked Exs.Al to A3. No evidence either oral or documentary was adduced on behalf of the second respondent. The Tribunal, having held that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle, awarded Rs. 1,36,000.00as compensation to the appellant. Dissatisfied with the compensation awarded to him, the claimant preferred this appeal.

(2.) The point for consideration is to what amount the appellant is entitled to?

(3.) In the claim petition it is alleged that the appellant was aged 14 years at the time of accident and was studying 8th class and was also working as a cooli earning Rs. 1,000.00 p.m. In Ex.A3 Case Sheet, appellant is described as a person aged 14 years earning Rs.400.00 p.m. Ignoring the entry in Ex.A3 and the age of the appellant, the Tribunal assuming the age of the appellant as 15 years and his income as Rs.750.00p.m took his annual income at Rs.9,000.00 and taking the disability of the appellant at 75%, adopting the multiplier 20.16, awarded a compensation of Rs. 1,36,000.00 to the appellant.