YEDAMA LAXMA REDDY Vs. PANASA BUCHAIAH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal, under Section 173 of the Motor Vehicles Act, 1988 (for brevity the Act), is preferred by the appellant-petitioner seeking enhancement of compensation challenging the order and decree dated 25.10.2004 in O.P.No.159 of 2004 (old O.P.No.1477 of 2002) passed by the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Suryapet, Nalgonda District (for brevity the Tribunal), awarding compensation of Rs.35,000/- as against the claim of Rs.1,00,000/- laid by him under Section 166 of the Act, for the injuries sustained by him in a motor accident that occurred on 18.09.2002.

(2.) The brief facts of the case are that on 18.09.2002 at about 11.30 a.m., while the appellant was proceeding on his Hero Honda Motor Cycle bearing No.AP-24G-6875 with his friend from Khammam Cross Road to Lorry Association Office and when they reached just opposite to Fuse Call Office, Kodad Town, one Auto bearing No.AP-24U-8102 of respondent No.1 came in a rash and negligent manner with high speed driven by its driver and dashed the said motor cycle, as a result of which the appellant sustained grievous injuries and fractures. On report about the accident, the Police of Kodad Town P.S. registered a case in Crime No.140/2002 for the offence punishable under Section 338 IPC against respondent No.1 Owner of the Auto. The appellant filed the aforesaid O.P.No.159 of 2004 claiming compensation of Rs.1,00,000/- for the injuries sustained by him in the said accident against respondent Nos.1 and 2, who are owner and insurer, respectively, of the crime Auto.

(3.) Before the Tribunal, respondent No.1 owner of the crime Auto was set exparte and respondent No.2 Oriental Insurance Company Limited (insurer) filed its counter denying the allegations made in the claim petition. On consideration of the evidence of P.W.1 and the documentary evidence under Exs.A.1 to A.8 filed on behalf of the appellant-petitioner, and Ex.B.1 True copy of Insurance Policy filed on behalf of the 2nd respondent - insurer, by order and decree dated 25.10.2004, the Tribunal awarded a compensation of Rs.35,000/- under various heads with interest @ 9% per annum from the date of the petition till realization fixing liability against respondent Nos.1 and 2. Aggrieved by the same, the appellant-petitioner has preferred the present appeal seeking enhancement of compensation.