B TAVITAYYA Vs. A VENKATAPATHI RAJU

JUDGEMENT

(1.) The appellant is the claimant in MAOP No. 94 of 1988 on the file of the Motor Accidents Claims Tribunal, Srikakulam. His case is that he is a resident of Karlam village, Cheepurupalli Mandal, Vizianagaram District. On 21-9-1987, he was returning from the sea after conducting fishing operations in order to go to his village. A lorry, bearing No. APH 6975, driven by the first respondent, in a rash and negligent manner, came at a high speed without blowing the horn, and dashed against the petitioner at the Coast Junction near Ranastalam Police Station around 2-30 P.M. Due to the said accident, he lost both his legs. He was taken to the Government Headquarters Hospital, Srikakulam, for treatment land amputation of his legs. He claimed a total compensation of rupees two lakhs under various heads, namely, (1) transportation to the hospital and medicines: Rs. 10,000/-; (2) Compensation for pain and suffering: Rs. 10,000/-; (3) Compensation for disfigurement: Rs. 5,000/-; (4) Compensation for loss of earnings: Rs. 1, 25,000/-; and (5) Compensation for loss of amenities: Rs. 50,000/-. The case of the appellant is that he is a fisherman and was eking out his livelihood on account of selling the fish and was earning Rs. 50/- to Rs.70/- per day.

(2.) Before the lower Court, the respondents contested the matter contending that the appellant is not entitled to claim the compensation. They further contended that the accident was not due to rashness or negligence on the part of the first respondent.

(3.) In support of the claim, the appellant examined himself as P.W.I and one Dr. M. Ambedkar, as P.W.2, and got marked the exhibits, A-1 to A - 23. In so far as respondents are concerned, no witness was examined and no document was marked.