K V RAMAKANTH RAO Vs. AKULA SRIHARI RAO

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal was filed against the judgment and decree dated 30-5-1991 in O. P. No. 673 of 1989 on the file of the Chairman (Addl. Dist. Judge), Motor Accidents Claims Tribunal, Rangareddy at Saroornagar, under which the Tribunal has awarded a sum of Rs. 34,700/- towards the pecuniary and non-pecuniary damages, for the injuries sustained by the petitioner in a motor vehicle accident.

(2.) THE brief facts of the case are that on 18-6-1989 at about 8-30 p. m. when the petitioner was coming on his scooter bearing No. AHO-4455 and when he reached near Chaitanyapuri Bridge, a lorry bearing No. ATS-7375 came in the same direction in a rash and negligent manner and dashed against the petitioner from behind; due to the impact, the petitioner fell down on the road and sustained fracture of both pubic bones, hairline fracture, left calcencus, fracture of lateral malleolus (left), crush injuries on left thigh, right elbow, left heel, testicular atrophy and laceration of right scottle sock exposing the testicles. The petitioner is an Orthopaedic Surgeon and he was in hospital for three months and was advised rest for further period of three months and was unable to attend to his duties for six months. The petitioner claimed a compensation of Rs. 2,00,000/- for the injuries sustained by him.

(3.) THE claim of the petitioner was resisted by the second respondent by filing counter denying the driving of the lorry in a rash and negligent manner. The company further pleaded that the liability of the company is strictly according to the terms and conditions of the policy and Motor Vehicles Act.