K.V.NARAYANA REDDY Vs. P.VIVEKANANDA REDDY

JUDGEMENT

(1.) The claimant in O.P.No.144 of 2014 on the file of learned VI Additional District Judge-cum-Motor Accidents Claims Tribunal, Gooty, Anatapur District (for short "MACT"), is the appellant before this Court. Feeling dissatisfied by the award and decree dtd. 22/9/2015 passed by the learned MACT wherein a compensation of Rs.1,40,000.00 with interest at 7.5 % per annum, awarded in his favour as against his claim for Rs.4,00,000.00, as in adequate this appeal is filed invoking Sec. 173 of the Motor Vehicles Act, 1988 (for short "the M.V. Act").

(2.) Respondents 1 and 3 herein were the respondents 1 and 3 before the learned MACT being the owner and driver of the Eicher Van bearing No.AP29V3300 (hereinafter referred to as "offending vehicle") and they remained ex parte before the learned MACT. The 2nd respondent herein as 2nd respondent before the learned MACT and contested the matter. Case of the claimant in brief:

(3.) On the fateful day viz., 27/2/2014 at about 1-30 p.m., when he was proceeding on his motorcycle bearing No.AP02Q6477 near Anjaneyaswamy Temple on Bukkapatnam to Tadipatri Road, the offending vehicle came in opposite direction and dashed the claimant, causing the accident, whereby the claimant fell down and sustained fractures and bleeding injuries. He was shifted to Government General Hospital, Tadipatri, from there to YSR Hospital, Anantapuramu for better treatment, where operation was conducted by Orthopedic Doctor, steel rods were inserted and he was inpatient for more than one month, incurred expenditure of Rs.2,00,000.00 towards medical, attendant and other expenses etc, he was advised to take physiotherapy treatment, he became disabled, unable to sit and walk normally and lost his earnings. A case in Crime No.22 of 2014 for the offences punishable under Ss. 337 and 338 of the Indian Penal Code, 1860 (for short "I.P.C.") was registered against the driver of the offending vehicle viz., R3. R1 is its owner. R2 is the insurer. Hence, the claimant is entitled for compensation of Rs.4,00,000.00.