M YADAGIRI REDDY Vs. K RAMA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Award of the Motor Accidents Claims Tribunal-cum-III Additional Chief Judge, City Civil Court, Hyderabad, passed in O.P.No.1217 of 1997.

(2.) The said claim petition was filed by the claimant, claiming compensation of Rs.4,00,000/- on account of injuries and disability suffered by him, in a motor vehicle accident, which took place on 14-7-1997. As averred in the claim petition, it was the case of the claimant that when he was proceeding on two-wheeler scooter bearing No. ABM 1085, from Hyderabad to Anajipur on National Highway No.9, a Maruthi car, bearing No. AP-9J-80, was driven by its driver in rash and negligent manner, and dashed against him. It was the case of the claimant that in the said accident, he has suffered grievous injuries including fractures to his right leg, apart from other injuries on face and to hands. In the claim petition, it was also stated that he was aged about 40 years and was earning Rs.5000/- per month on his poultry business and agriculture. Pleading that he lost his earnings on account of disability suffered by him, the said claim petition was filed.

(3.) The owner of the vehicle remained ex parte. The second respondent-Insurance Company has resisted the claim. in the counter affidavit filed on behalf of the Insurance Company, they have disputed the injuries sustained by the claimant, his age, income, validity of the driving licence of the car driver, etc.,. Ultimately, it is stated that the compensation claimed by the claimant is excessive.