LAWS(APH)-1996-9-74

TURLAPATI PADMAVATHI Vs. DHARANIKANTI RAMKUMAR

Decided On September 24, 1996
TURLAPATI PADMAVATHI Appellant
V/S
DHARANIKANTI RAMKUMAR Respondents

JUDGEMENT

(1.) The adequacy of the compensation of Rs.23,200/- awarded by the Motor Accidents Claims Tribunal, East Godavari District at Rajahmundry in O.P. No.209 of 1989 in the award dated 19-1-1990 is challenged by the appellant, who was the claimant in the petition. R-1 is the driver; R-2 is the owner and R-3 is the insurer of the vehicle which was involved in the accident. The claimant laid the claim under Section 110-A of the Motor Vehicles Act for Rs.50,000/-, It was resisted by R-3.

(2.) After inquiry, the Tribunal held that the accident was due to the rash and negligent driving of a van APL 716. It also held that the respondents are jointly and severally liable to pay the compensation. There is no cross-objection or cross-appeal. Thus, except the adequacy of compensation, other questions are concluded.

(3.) In addition to the testimony of the claimant-P.W.1, the documentary evidence established that she sustained certain injuries, suffered pain, discomfort etc., medically treated and suffered the consequence. Ex.A-3 Op. Chit, Ex.A-8 case sheet, Ex.A-9 X-Ray and Ex.A-2, CC of Accident Register revealed the following injuries on the claimant due to the accident: