KASINAKOTA MANIKYALA RAO Vs. MASTA KHAN

JUDGEMENT

(1.) This is an appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 by the claimant in M.V.O.P.No.835 of 2009 on the file of Motor Accident Claims Tribunal-cum-II Additional District Judge, Guntur (for short "the MACT") seeking enhancement of quantum of compensation awarded by the learned MACT in a sum of Rs.53,000.00 as against a claim made for an amount of Rs.2,00,000.00.

(2.) (i). Appellant/claimant is driver of lorry bearing No.AP 05 U 1917. On the date of accident i.e. on 18/6/2009 with a load of gas cylinders he started at Kondapalli Village to go to Chirala, when the said lorry crossed Budampadu Village at about 12:00 midnight, a lorry bearing No.AP 07 W 1882 (hereinafter refer to as offending vehicle) came in opposite direction in rash and negligent manner in a zigzag way and hit the lorry in which the claimant was traveling on its right side. As a result, the claimant was struck in cabin and sustained fracture injuries to right thigh, right leg above knee, and right knee, bleeding injuries to the right leg, thumb finger, right forehead etc. Immediately, after the accident he was shifted to GGHGuntur and thereafter for better treatment to Sanjivi Orthopedics Physiotherapy Centers, Guntur, where operation was conducted to right leg. He was treated as impatient and an amount of Rs.10,000.00 was spent by him for treatment.

(3.) Respondent No.1 remained ex parte.