YEMULA RAGHAVULU Vs. SHAFIULLAH

JUDGEMENT

(1.) Husband of Vemula Ramana (the deceased), a coolie in road laying, who received burn injuries due to spilling of boiling asphalt on her, as a result of the driver of the bus bearing No.APQ- 4677 belonging to the first respondent and insured with the second respondent, dashing against the tar boiler used in laying of black top road, due to his rash and negligent driving and succumbing to those injuries, filed a claim petition seeking compensation of Rs.90,000/- from respondents and examined himself as PW-1 and two other witnesses as PWs.2 and 3 and marked Exs.A- 1 to A4 on his behalf. First respondent chose to remain ex parte, both before the Tribunal and in this Court. Second respondent who filed a counter contesting the claim, did not adduce oral evidence, but marked Ex.B-1 by consent.

(2.) The Tribunal, after having held that the accident occurred due to the rash and negligent driving of the bus and that the deceased died as a result of the bum injuries suffered by her in the accident, awarded Rs.25,000/- as compensation to the claimant. Dissatisfied with the compensation awarded to him, the claimant preferred this appeal seeking enhanced compensation.

(3.) Since this is an appeal preferred by the claimant seeking enhanced compensation; the only point for consideration is to what compensation is the appellant entitled for?