M NAGARAJU Vs. SHAIK MAHABOOB SAB

JUDGEMENT

(1.) The appellant is the claimant in O.P.No.252 of 1986 on the file of the Motor Accidents Claims Tribunal, Anantapur and the present respondents were the respondents therein in a personal injury claim case under Section 110-A of the Motor Vehicles Act, 1939 (for short 'the Act'). The claimant having claimed Rs. 1,00,000/- by way of compensation could succeed in getting it only to the extent of Rs.42,000/-. His grievance is that he ought to have got more amount of compensation, if not the whole claim.

(2.) The admitted and proved facts should find an initial brief record to proceed further. The claimant suffered amotor vehicle aceident on the intervening night of l/2-5-1986 while he was travelling in a trailer AAA 8283 and when a lorry No.MED 4397 driven by 1st respondent dashed against the trailer. It is found that the accident was due to the negligence of the 1st respondent. It is also found that the claimant suffered serious injury to his pelvic bone damaging Urethra leading to certain disabilities. The Tribunal held that the claimant underwent pain and suffering due to the injuries, lost the pleasure of matrimonial life, lost the future income, spent Rs.2,000/- and thus is entitled to recover Rs.42,000/- from the respondents with joint and several liability.

(3.) Mr. P. Veera Reddy, learned Advocate for the appellant has several contentions viz., (1). The method of adopting the compensation by the Tribunal is not correct, (2). The items of compensation awarded are not properly considered, (3). The assessment of compensation for the items supra is against the evidence and the findings, (4). There is a failure on the part of the Tribunal to follow the settled law in regard to awarding compensation in a case likethis, and (5). The amount of compensation as a whole so awarded is arbitrary, inadequate and far below the standard required as per the identical cases. Mr. A. V.K.S. Prasad, learned Advocate for the 3rd respondent while challenging the contentions of Mr.redduy has tried to maintain the award in its present form and content and did his best to do it.