VANAM SITARAM NAGESWARA RAO Vs. N SAMBASIVA RAO

JUDGEMENT

(1.) THIS civil miscellaneous appeal under Section 173 of the Motor vehicles Act, 1988 (1988 Act, for brevity)is against the award, dated 26. 11. 1997 in o. P. No. 434 of 1993 passed by Motor accident Claims Tribunal, Eluru granting a sum of Rs. 34,000/- for injuries.

(2.) THE case of appellant is as follows. On 7. 3. 1993, he was travelling along with his wife and fourth respondent, who was the owner of the car, in Maruti Car bearing no. AP-7-T-2588 (insured of fifth respondent)from Guntur to Kakinada. Between chebrolu and Kaikaram, oil tanker lorry bearing No. ATW-1002 dashed against the car resulting in serious injuries to petitioner. A criminal case being C. C. No. 286 of 1993 on the file of the Additional Judicial magistrate of First Class, Tadepalligudem, was taken cognizance of the case. He was admitted to hospital at Eluru. On 9. 3. 1993, he was shifted to a private hospital in guntur, wherein his leg was operated. He was discharged on 30. 3. 1993. In spite of operation, he was not able to walk properly or sit properly. He required another operation for which he had to go to Madras. In his o. P. , he claimed Rs. 4,95,000/- towards loss of future earning capacity due to permanent disability, Rs. 35,000/- towards medical treatment and extra nourishment, Rs. 45,000/-for pain and suffering and Rs. 25,000/- for loss of amenities. He also alleged that he was engaged in iron business earning a sum of Rs. 5,000/- per month.

(3.) RESPONDENTS 1, 2 and 4 remained ex parte and respondent No. 3, the insurer of oil tanker, contested the case. It was alleged that the driver of Maruthi Car rashly and negligently tried to overtake another vehicle and dashed against oil tanker, and therefore, appellant is not entitled for any compensation.