LOKINI NARAYANA Vs. DUMPETA RAMESH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal, under Sec. 173 of the Motor Vehicles Act, 1988 is preferred by the appellant/petitioner assailing the order and decree dated 30.10.2007 in O.P.No.603 of 2005 passed by the Chairman, Motor Accidents Claims Tribunal-cum-V Additional District Judge, Karimnagar, Karimnagar District (for brevity "the Tribunal"), on the grounds that the Tribunal has granted a meager amount under all heads and that it has not considered the disability sustained by the appellant/petitioner on account of fracture to the spinal cord, dislocation of right fore arm and right rib, that while assessing the loss of earnings, the Tribunal has taken income of the appellant/petitioner as Rs.1,500.00 per month only contrary to the evidence of P.Ws.1 and 2 that he is earning about Rs.3,000.00 per month, which is very low, that the Tribunal erred in taking the permanent partial disability sustained by the appellant/petitioner as 20% only, despite the evidence of P.W.3 - Doctor, who issued the Disability Certificate stating that he sustained 75% permanent partial disability, that the Tribunal erred in granting only Rs.1,000.00 towards transportation charges and Rs.500.00 towards extra nourishment, which are very low, that the Tribunal awarded Rs.10,000.00 only towards medicines as against the claim of Rs.30,000.00 incurred by the appellant/petitioner and hence sought for allowing the appeal.

(2.) Heard the arguments of the learned counsel for appellant/petitioner as well as Sri Ravi Shankar Jandhyala, learned Standing Counsel for the 3rd respondent - National Insurance Company Limited and perused the material on record.

(3.) Learned counsel for the appellant/petitioner contended that while assessing the loss of earnings, the Tribunal ought to have taken a minimum of Rs.3,000.00 per month as the income of the appellant/petitioner, but it has taken only Rs.1,500.00 per month, which is contrary to the evidence on record and by considering the loss of income during the period of treatment and rest, the Tribunal calculated the loss of earnings as Rs.9,000.00 @ Rs.1,500.00 per month for six months. The said period of six months was not disputed by the learned Standing Counsel for the 3rd respondent - insurer, either at the stage of claim petition or at the stage of appeal.