LAWS(APH)-2014-2-90

THUMMATHUKA VENKATARAMANA Vs. K.MADHUSUDHANA REDDY

Decided On February 21, 2014
Thummathuka Venkataramana Appellant
V/S
K.MADHUSUDHANA REDDY Respondents

JUDGEMENT

(1.) THE claimant -injured of the motor accident that occurred on 28.05.2005 while he was waiting for bus, dashed by the crime tractor and trailer AP 04 V 1261 and 1262 of 1st respondent insured with 2nd respondent for the claim of Rs.1,50,000/ -, since awarded Rs.4,000/ - only by the Tribunal, preferred the appeal impugning the quantum as utterly low and in ignorance of the material on record including the wound certificate, disability certificate and the bills and hence sought for allowing the appeal as prayed for before the Tribunal.

(2.) THE 1st respondent -owner of the vehicle served failed to appear and it is the contention of the 2nd respondent -insurer that the Tribunal is correct in scrutinizing the entire evidence in coming to the right conclusion for disbelieving the so called wound certificate and disability certificate, for this Court while sitting in appeal nothing to interfere but for dismissing the appeal with costs.

(3.) NOW the points that arise for consideration in the appeal are: 1. Whether the compensation awarded by the Tribunal is not just and requires interference by this Court while sitting in appeal against the award and if so with what enhancement to arrive a just compensation and with what rate of interest? 2 To what result? POINT -1: