(1.) This appeal is directed against the award dtd. 8/1/2016 in M.V.O.P.No.1570 2011, on the file of the XIII Additional Chief Judge (FTC), City Civil Court, Hyderabad (for short 'the Tribunal'), wherein the said claim application filed by the appellant herein seeking compensation, was allowed, awarding compensation of Rs.2,85,000.00 with interest at 9% per annum from the date of petition.
(2.) Heard learned counsel for the appellant-claimant and learned counsel for second respondent-insurer. None appeared for the first respondent. Perused the record.
(3.) The appellant herein filed claim application seeking compensation of Rs.6.00 lakhs for the injuries sustained by him in a motor vehicle accident that occurred on the intervening night of 19/20/3/2011 at about 12:15 p.m. According to the claimant, while he was proceeding on his motorcycle bearing No AP-23-M-6464 from Toopran towards Kompally to his in-laws house and when he reached near Toopron tollgate, at that time one Tata Indica Car bearing No.AP-29 AL-8880, came from the wrong side and dashed the claimant from behind, while overtaking another vehicle, due to which, the claimant fell down from the bike and received fractures and injuries on various parts of the body. The claimant was shifted to Axon Hospital, Hyderabad where the authorities advised the attendants of the claimant to shift him to another hospital due to shortage of beds and immediately he was shifted to Remedy Hospitals, Kukatpally, Hyderabad. Police, Toopran registered a case in Cr.No.59 of 2011 for the offence punishable under Sec. 337 IPC against the driver of the Tata Indica car. It is pleaded by the claimant that prior to the accident, he was hale and healthy, aged 27 years, and was doing cell phone business i.e., selling cell phones, SIM cards and running servicing centre at Toopran and used to earn Rs.30,000.00 per month and after the accident, he closed the business as he sustained loss of income and incurred substantial medical expenditure.