K SATHYANARAYANA Vs. VIJAYALAXMI

JUDGEMENT

(1.) The appellant filed O.P.No. 588 of 1990 in the Court of Motor Accidents Claims Tribunal-cum-Additional Chief Judge, City Civil Court, Hyderabad, against the respondents, claiming a sum of Rs.50,000/- as compensation, for the injuries received by him in an accident, that occurred on 08-05-1990. It was pleaded that he boarded an auto bearing No. AP-10-T-342, owned by the 1st respondent, and insured with the 2nd respondent, at 3.30 p.m., on that day, with a view to travel from Tarnaka to Lalapet, and that, on the way, the auto dashed against a stationed lorry, resulting in grievous injuries and fracture to him. Crime No.77 of 1990 was registered against the driver of the auto, and the appellant was treated in Gandhi Hospital. It was pleaded that he was bedridden for quite a long time, and the disability persisted even after treatment. The 1st respondent remained ex parte, and the O.P., was opposed by the 2nd respondent alone. The facts pleaded by the appellant were denied, and the 2nd respondent pleaded that it is not liable to pay the compensation. It was also alleged that the Driver of the auto did not hold valid driving licence.

(2.) Through its order dated 09-03-1993, the Tribunal awarded a sum of Rs.22,500/-, as compensation. It was held that the 1st respondent alone is liable to pay the compensation.

(3.) The appellant not only seeks enhancement of the compensation, but also feels aggrieved by the exclusion of the 2nd respondent, from liability.