K TATAJI Vs. SANJAY

JUDGEMENT

(1.) This civil miscellaneous appeal, under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), is filed by the appellant-claimant, seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal-cum-X Additional District and Sessions Judge, (FTC) Guntur (for short 'the Tribunal'), by its order, dated 14-10-2004 in O.P.No.151 of 2003.

(2.) The appellant filed the claim petition before the Tribunal under Section 166 of the Act, claiming compensation of Rs.1,00,000/-, on account of the injuries suffered by him in a motor vehicle accident occurred on 5-1-2003. As averred in the claim petition, it was the case of the claimant that he was working as a cleaner in the lorry bearing No.AP 31 W 3437. On 5-1-2003, when the claimant was on duty in the said lorry, it turned turtle due to the rash and negligent driving of the driver of the lorry. It was stated that in the said accident, the claimant suffered multiple injuries, including fracture to his left leg, and he was shifted to Peoples Trauma and Emergency Hospital, Guntur. On a complaint, a case in Cr.No.04 of 2003 was registered against the driver of the vehicle for the alleged offence under Section 337 IPC, of Pedakurapadu Police Station. Compensation was claimed on the ground that due to injuries, he suffered disability and he could not continue as cleaner, resulting in deprivation of his livelihood.

(3.) The first respondent, owner of the lorry, remained ex parte. The 2nd respondent insurer had contested the proceedings before the Tribunal. While generally denying the allegations of the claimant, it was the case of the insurer that the injuries suffered by the claimant were simple in nature and there was no disability to the claimant. It is further alleged that there is no loss of income to the claimant on account of the injuries sustained by him. It was pleaded that the compensation claimed by the claimant is excessive and exorbitant, and sought for dismissal of the claim petition.