N.KRISHNA KUMAR Vs. P.KOMURAIAH

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant aggrieved by the order and decree, dtd. 3/6/2015 made in M.V.O.P.No.805 of 2013, on the file of the Motor Accidents Claims Tribunal-cum-III Additional Chief Judge, City Civil Court at Hyderabad (for short "the Tribunal).

(2.) Brief facts of the case are that the appellant filed a petition under Sec. 166 of the Motor Vehicles Act claiming compensation of Rs.20,00,000.00 for the injuries sustained by him in a road accident that occurred on 14/2/2013. It is stated that on the fateful day, while the appellant was proceeding on his bike bearing No.AP 15 AR 9137 CBZ from Chandrampeta to Sircilla, one DCM Van bearing No.AP 11 U 8609, owned by respondent No.1 and insured with respondent No.2, being driven by its driver in a rash and negligent manner at high speed, lost control over the vehicle and dashed the petitioner. As a result, the petitioner fell down on the road and sustained crush injury over right forearm with neuro vascular injury, lower brachial plexus injury and both bones fractured apart from multiple injuries all over the body. Immediately after the accident, the petitioner was admitted at Government Hospital, Sircilla and later he was shifted to Yashoda Hospital, Hyderabad, where he underwent major operation and was on bed rest for a prolonged period. The appellant spent Rs.4,50,000.00 for his treatment. It is further stated that prior to the accident, the appellant was working as School Correspondent and earning Rs.10,000.00 per month, but due to the injuries, he is unable to do any work and lost his earning capacity. Therefore, the appellant laid a claim against the respondents.

(3.) While the 1st respondent remained ex parte, the 2nd respondent filed counter denying all the allegations made in the claim-petition. It is further contended that the compensation claimed is excessive and prayed to dismiss the claim-petition.