GANNOJI BALAKISTAIAH Vs. T. KARUNAKAR REDDY

JUDGEMENT

(1.) AGGRIEVED by the order, dated 08.10.2004, passed in OP No.238 of 2002 by the XII Additional Chief Judge, City Civil Court (FTC), at Hyderabad, whereby and whereunder the Tribunal awarded compensation of Rs.45,500/ - against the claim of Rs.1,50,000/ -, the claimant filed this appeal seeking enhancement of compensation. The parties hereinafter will be referred to as they are arrayed before the Tribunal for the sake of convenience.

(2.) THE brief facts of the case are as follows. On 23.12.2001 at about 10.00 AM the claimant was traveling in a Jeep bearing No.AP -12 -B -427. When the said jeep was proceeding in front of Mega Real Estate on DT Road towards Nagarkurnool, the offending Jeep bearing No.AP -22 -A -3888 came from opposite direction. It is alleged that the driver of the said Jeep drove the same in a rash and negligent manner and dashed against the Jeep No.AP -12 -B -427 as a result of which the claimant sustained injuries. He was shifted to Government Hospital, Nagarkurnool, from there he was shifted to District Headquarters Hospital, Mahaboobnagar and from there to Osmania General Hospital, Hyderabad. It is the case of the claimant that he spent Rs.40,000/ - towards medical expenses. His further case is that he was working as Carpenter and earning Rs.3,000/ - per month. Due to the injuries he is permanently disabled and unable to do work. The first respondent is the owner and the second respondent is the Insurer of Jeep No. AP -22 -A -3888. The first respondent remained ex parte. The second respondent -Insurance Company contested the matter on various grounds.

(3.) LEARNED counsel for the respondent -Insurance Company submits that Dr. G. Subhash Rao, who was examined as PW.2 in this case, has appeared in several cases and he is a stock witness of claimants and therefore the Tribunal has not accepted the evidence of PW.2. It is also his submission that the said Doctor never treated the claimant and simply issued disability certificate and, therefore, the Tribunal rightly did not accept the disability certificate issued by PW.2. It is also his submission that the Tribunal has awarded reasonable compensation and there is no need to enhance the same. The claimant was aged about 40 years as on the date of accident. He was working as Carpenter. According to the claimant he was earning Rs.3,000/ - per month prior to the date of accident. The Tribunal, having regard to the fact that the labourers also getting Rs.100/ - per day, has rightly taken the income of the claimant at Rs.3,000/ - per month and there is no need to take a different view with regard to income of the claimant.