YACOB ALI Vs. S. NAGESWARA RAO

JUDGEMENT

(1.) By way of this appeal, the appellant/minor challenges the award, dtd. 2/8/2005, passed by the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, East Godavari at Rajahmundry, in O.P. No. 176 of 2001, whereby and whereunder the claim petition filed by the appellant, represented by his father, seeking compensation of Rs.1,50,000.00 for the injuries sustained by him in a motor vehicle accident, was allowed in part and a sum of Rs.47,581.0050 ps. was granted towards compensation under various heads. According to the appellant, the aforesaid compensation is not just and fair compensation, and therefore, the same has to be enhanced.

(2.) The case of the appellant is that he was aged about 12 years at the time of accident. On 29/9/2000 at about 10.00 a.m. he was proceeding to his house at Rampachodavaram after getting down a bus, at that time, one RTC bus bearing registration No. AP 9Z 5249 came in a rash and negligent manner and ran over his left leg resulting in grievous injuries to him. Due to the accident, he incurred heavy medical expenses, attendant charges, special diet charges, transportation charges and also sustained permanent disability. The accident has occurred due to the negligent driving on the part of the driver of the bus.

(3.) The 1st respondent was set ex parte. The 2nd respondent filed counter by denying the material averments made in the petition. It is contended that the accident occurred only due to negligence of the appellant and thus, the 2nd respondent is not liable to pay any compensation.