E RAMESH Vs. N RAJA REDDY

JUDGEMENT

(1.) This appeal is preferred by the claimant aggrieved by the judgment and award dated 21-3-1990 passed by the Motor Accidents Claims Tribunal, Nizamabad, in O.P. No.211 of 1988, for enhancing the compensation. The respondents though served, remained unrepresented.

(2.) It is the case of the claimant that on 4-5-1988 when he was travelling in the trailer of the Tractor bearing No.ATJ 4069 belonging to respondent No.1, the accident occurred at about 12-00 noon due to the rash and negligent driving by the Driver of the Tractor. In his deposition as P.W.2, the claimant stated that the Driver was driving the vehicle in a zig-zag manner at a high speed and as a result of which he fell down from the Tractor on the road. He deposed that the accident took place in the outskirts of Kota Armoor and that the wheels of the trailer ran over his left leg and as a result he suffered fracture to his leg. Thereafter, he was taken to the Government Hospital at Nizamabad, where he was an in-patient for nearly three months and seven days. He deposed that he was taking treatment even on the date of his giving evidence before the Court. The Claims Tribunal having held that the accident occurred due to the rash and negligent driving by the Driver of the Tractor, in all awarded a compensation of Rs.29,360/-. Under these circumstances, the claimant has approached this Court for enhancement of the compensation.

(3.) So far as the rash and negligent driving is concerned, the said finding is not challenged before me by the respondents either by filing an appeal or cross-objections. Hence I am proceeding on the basis that the claimant has suffered the injury in question due to the rash and negligent driving by the Driver of the Tractor.