LAWS(APH)-2004-6-69

KOSURU GUPTESWARA RAO Vs. CHARAKANA SREEENU

Decided On June 21, 2004
KOSURU GUPTESWARA RAO Appellant
V/S
CHARAKANA SREENU Respondents

JUDGEMENT

(1.) this civil miscellaneous appeal arises out of the order dated 31.10.1994 passed by the motor accidents claims tribunal-cum-additional district judge, vizianagaram in o.p. no. 240 of 1993. The appellant is employed as driver in orissa state road transport corporation. On 9.5.1993 he was driving the vehicle bearing reg. No.or 10/3604 on the route from jayporc to vizianagaram. At midnight, when the bus reached kottakki bridge, the lorry bearing no.aip 889, owned by the second respondent, driven by the first respondent, dashed against the bus. The appellant received injury on the head particularly at the eye. He was taken to government hospital at salur and thereafter to govemment hospital, vizianagaram. Since the injury to the eye was serious, he was referred to sarojini devi eye hospital, hyderabad. He was treated there and even after treatment, the disability to the right eye persisted.

(2.) the appellant claimed a compensation of rs. 2,50,000/- under various heads, namely, rs.25,000/- for transport to hospital, expenses for treatment and extra nourishment, rs. 10,000/- towards loss of salary, rs.25,000/- towards pain and suffering and rs. 1,90,000/- towards loss of earnings and permanent disability.

(3.) on behalf of the appellant, p.ws.1 and 2 were examined and exs.al to a4 and exs. Xi to x8 were marked. No evidence was adduced on behalf of the respondents.