DADDANALA SATYAVATHI Vs. S APPA RAO

JUDGEMENT

(1.) The award of the Motor Accident Claims Tribunal, Ongole in O.P.No.123/87 dated 23-7-1990 as to the adequacy of the compensation awarded to the appellant, who was the petitioner in the claim petition is challenged. The fourth respondent is the owner of the lorry AAN 2319 involved in the accident and the 3rd respondent is its insurer. Originally the claim petition was filed against Respondents 1 and 2 as the owner and the insurer and it was dismissed.

(2.) The Tribunal held that the accident was due to the rash and negligent driving of the driver of the lorry. It was further held that the appellant sustained a crush injury to the left hand and that it was amputated upto the root of the shoulder and a sum of Rs.3,000.00for pain and suffering, Rs.7,000.00 for treatment and nourishment, Rs. 19,000.00 for permanent disability, in all Rs.34,000.00 were awarded as against Rs.70,000.00 claimed. The liability to pay the compensation was made joint and several on the part of the owner and the insurer of the vehicle.

(3.) Mrs. Vijaya Bharathi, the learned Counsel for the appellant has contended that in a case where the appellant/minor girl lost a hand due to the crush injury as a result of the negligence of the driver of the lorry, the amount of compensation awarded is very low and it requires to be enhanced as claimed and even more. Smt. S.A.V. Ralnam, the learned Counsel for the insurer has contended that since the Tribunal has given adequate reasons in support of the findings and the amount of compensation, this Court may not interfere with the award.