BHAVIRISETTY RAMA PRASAD Vs. PUNYAKOTI GOVINDASWAMY

JUDGEMENT

(1.) The appellant who was travelling on the pillion of a scooter was injured in an accident on 14-9-1986 at 10.30a.m. on Guntur-Ponnur Road as a result of hitting by a lorry bearing No. ADC 4599 from the back causing injuries to his collar bone, ribs and his knee cup had to be removed. He filed a claim petition before the Motor Vehicles Accidents Claims Tribunal, Guntur, seeking damages of Rs. 51,000.00 as follows: Rs. 10,000.00 towards cost of medical expenses Rs. 10,000.00 towards pain and suffering Rs. 6,000.00 towards temporary total disability for six months with loss of income Rs. 25,000.00 towards permanent disability to left femur and knee joint with loss of amenities of life.

(2.) The owner of the vehicle remained ex parte in the Tribunal while the Insurance Company which insured the lorry opposed the claim contending that there was no negligence on the part of the driver and also disputing the amount claimed as excessive. The Tribunal found that the accident occurred due to rash and negligent driving by the driver and awarded compensation of Rs. 14,000.00 as follows; Rs. 2,000.00 towards medical expenses Rs. 5,000.00 towards pain and suffering and Rs. 7,000.00 towards partial disability caused to the lower limb.

(3.) Against this award the claimant has preferred the present appeal while there is no appeal by the Insurance Company or the owner General Damages: