B. YALENDHAR REDDY Vs. K. RAMA RAO

JUDGEMENT

(1.) The claimant of the motor vehicle accident laid the appeal seeking enhancement of compensation awarded by the XIV Additional Chief Judge, City Civil Court, Hyderabad, in O.P.No.590 of 2003. As against the claim of Rs. 1,50,000/-, the learned trial Judge awarded compensation at Rs. 48,000/- together with interest at 9% per annum. It may be recorded that the insurer did not prefer any appeal.

(2.) The appellant, who is the claimant, filed O.P.No.590 of 2003 seeking compensation in respect of the injuries sustained by him. He claims that he was a businessman-cum-driver of the auto rickshaw. On 22.01.2003, the claimant was driving his auto trolley with a load of eggs from Uppal to Cherlapalli. Near Medipally, the offending car owned by the first respondent and insured with the second respondent was driven rashly and negligently by the driver of the car. The offending car dashed the auto trolley from behind. The claimant claimed that he sustained fracture of the pelvic bone and other injuries on the head, hands and waist. The claimant was initially treated in Gandhi Hospital, Secunderabad. He subsequently, underwent treatment in a private hospital. The claimant averred that he suffered from urological problem, as he could not pass urine and that he was bedridden on account of fracture of the pelvic bone. The claimant is no more able to drive an auto, so much so he suffered permanent disability.

(3.) The first respondent contended that the accident was due to the rash and negligent driving of the claimant himself. The second respondent also opposed the claim.