PURAM VISWANATH Vs. TIRUN SIVAKUMAR

JUDGEMENT

(1.) THE injured -claimant filed this appeal, having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunal -cum -I Additional District Judge, Kadapa (for short, Tribunal') in M.V.O.P. No. 457 of 2001 dated 07.12.2004, awarding compensation of Rs. 55,000/ - (Rupees fifty five thousand only) as against the claim of Rs. 1,50,000/ - (Rupees one lakh fifty thousand only), for enhancement of compensation as prayed for in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act'). Heard Sri D. Kodanda Rami Reddy, the learned counsel for claimant -appellant and Sri G. Rama Manoj, the learned standing counsel for 2nd respondent -The United India Insurance Company Limited. The 1st respondent -owner of crime vehicle, remained ex parte before the Tribunal did not choose to appear in the appeal also, hence taken as heard for his absence to decide on merits. Perused the material on record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(2.) THE contentions in the grounds of appeal as well as submissions during course of hearing in nutshell are that the award of the Tribunal is contrary to law, weight of evidence and probabilities of the case, that the Tribunal erred in not taking monthly earnings of the claimant at Rs. 4,000/ - p.m. and not applying the Minimum Wages Act for calculating the income, that the Tribunal erred in not awarding any amount towards loss of past earnings, and also under other heads like pain and sufferance, transportation charges, extra nourishment and loss of disfiguration etc. Hence, to allow the appeal.

(3.) NOW the points that arise for consideration in the appeal are: