POTTA SANKARANARAYANA Vs. YORRA RAMULU ALIAS RAMU

JUDGEMENT

(1.) The appellant, who is the injured claimant, filed this appeal not satisfied with the compensation awarded in the judgment and decree dated 10-8-2001 in O.P. No.157 of 1999 on the file of the Motor Accident Claims Tribunal-cum-District Judge, Vizianagaram, inter alia, seeking for enhancement of compensation on the ground that the quantum arrived at by the Court below in a claim under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') is too meager.

(2.) Briefly stated the facts of the case are that on 13-9-1998 at 11.00 p.m., when the claimant was waiting in the bus stand near Kothapeta Water Tank, a Scooter bearing No.AP 35 9697 driven by the first respondent came at high speed without blowing horn from Vizianagaram to Nellimarla side and dashed the claimant from behind while the claimant was walking on the left side of the road. Immediately he fell down and sustained injuries on his left buttock, left hand and let foot He was taken to Dr. A. Sreeramamurthy Private Hospital and later he was taken to Government Hospital, Vizianagaram. He was unable to move from the bed for nearly four months. He suffered for loss of earnings and pain and suffering. He used to get Rs.1,000/- (Rupees one thousand only) per month apart from other income. Hence, the claim.

(3.) The owner and the driver of the vehicle remained ex parts and National Insurance Company contested the claim inter alia denying the rashness and negligence on the part of the driver and also the quantum of compensation. With this and other allegations, the Court below framed the issues and the parties went to trial, where the claimant examined himself as P.W.I and also examined P.W.2 Dr. A. Sreeramamurthy and marked Exs.A.1 to A.6 and Exs.X1 and X2. On behalf of the respondents, no one was examined but Ex.Bl, copy of the Insurance policy was marked.