KELLA RAMU Vs. AVANAPU RAMANA

JUDGEMENT

(1.) The appellant/claimant aggrieved by the Award and Decree dated 24.7.2010 in M.V.O.P. No. 711 of 2007 of the Motor Accidents Claims Tribunal (Family Court-cum-Additional District and Sessions Court) Vizianagaram, awarding compensation of Rs. 40,000.00 with interest at 7.5% per annum from the date of the petition till the date of realization against respondents 1 to 3 jointly and severally, by directing the 3rd respondent to deposit the same in the Court within a month from the date of the order, and after such deposit, permitting the petitioner to withdraw the entire amount, preferred the present appeal, besides other grounds on the grounds that the Tribunal failed to observe that the disability was assessed by the Medical Board at 35% and under the heads, medical bills and pain and sufferance, meagre amounts have been granted and the Tribunal failed to observe about the heads extranourishment and transportation to the hospital, which is illegal. Further, the Tribunal failed to grant loss of earnings properly.

(2.) The claim in brief is that on 20.8.2006 the claimant boarded the auto bearing No. AP 35 T 9328 to go to his village and immediately the driver moved the auto in rash and negligent manner at high speed, as a result, the auto turned turtle near Singubabugari Mango Topes, Kondavelagada at 6 PM.

(3.) In the accident, he sustained fracture and crush injury on left foot and other injuries all over the body. Immediately, he was taken to Dr. A.Srirama Murthy, Sai Super Speciality Hospital, Vizianagaram for treatment.