K SATYANARAYANAMMA Vs. S R RAMAKRISHNA RAJU

JUDGEMENT

(1.) The first appellant's right leg was amputated upto the knee level due to the injuries suffered by her in a motor accident which occurred on 16-1-1988 when the bicycle, on which she was going with her husband, was hit by an RTC Bus AAZ 6030 by its driver R-l and the bus belonging to R-2. She laid a claim under Section 110-A of the Motor Vehicles Act in O.P.241/1988 in M.V.A.T., East Godavari, Rajamundry to recover a compensation of Rs.1,00,000/- and after an inquiry, the Tribunal awarded Rs.20,000/- towards loss of income or contribution to the family due to the permanent disability suffered by her; Rs.5,000/- towards mental and physical suffering; Rs.7,000/- as a whole towards loss of support to her children and altogether granted Rs.32,000/-. The date of the award is 12-2-1990. Aggrieved by that regarding the quantum of adequacy of compensation, this appeal is filed.

(2.) The learned Advocate for the appellants contended that he is not very particular about the amount of Rs.20,000/- towards contribution by way of loss of income due to the injuries and disability but is concerned only about the amount of Rs.5,000/- awarded towards pain and suffering of the claimant as a result of the injuries and amputation of the right leg and Rs.7,000/- awarded towards loss of support to other claimants.

(3.) The learned Advocate for the respondents has with all efforts to support the award, contended that strictly speaking, it was a case of contributory negligence wherein the rider of the vehicle viz., the husband of the claimant must have fallen on the road with lot of traffic whereby the accident was inevitable and not due to the negligence of the first respondent, the driver of the vehicle. He also contends that the compensation so awarded has been supported by reasons and requires no interference by this Court in the appeal.