NEVURI MANGAMMA Vs. KALYAN SUNDARAM RAJALAXMI

JUDGEMENT

(1.) Not being satisfied with the quantum of compensation awarded by the Chairman, Motor Accident Claims Tribunal-cum-Special Sessions Judge for trial of cases under SCs/STs (POA) Act-cum-VII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar in M.V.O.P. No.934 of 2011, dtd. 13/3/2017, the present appeal is filed by the claimant seeking enhancement of compensation.

(2.) For the sake of convenience, the parties have been referred to as arrayed before the Tribunal.

(3.) The facts in issue are as under: On 24/8/2011 at 2-00 p.m. she along with her son Sai Charan was proceeding on his motorcycle bearing No. AP 28 AZ 7752 from Balajinagar to Lalgadi Malakpet Village and when they reached near Sports School, Thumkunta Village on Rajiv Rahadari, one Ford Car bearing No. AP 10 AX 4445 being driven by its driver came in a rash and negligent manner from opposite direction while overtaking another vehicle dashed the petitioner's bike. As a result of which, the petitioner and her son both fell down from the bike and sustained injuries. Immediately, she was shifted to Gandhi Hospital where she was admitted for one day. The doctors informed her for amputation hand. As such, she was discharged against medical advice and got admitted in Sunshine Hospital, Secunderabad where she was operated, debridement, square nailing for fracture both bones of forearm, external fixation of right radius with pen reduction internal fixation with DCP plating (10 holed DCP) for fracture of right humorous were done. She incurred about Rs.1,00,000.00 towards medical expenses. According to the petitioner, she was aged about 40 years, doing cloth business and tailoring work and earning Rs.10,000.00 per month. But due to injuries, her life became miserable, as her movements are restricted and she cannot fold her hands. Thus, she is claiming compensation of Rs.10,00,000.00 under various heads against the respondent Nos.1 and 2, who are the owner and insurer of the offending car.