KANCHU HEMANYA Vs. SUGGALA VIJAYALAXMI

JUDGEMENT

(1.) Being not satisfied with the quantum of compensation awarded in the award and decree, dtd. 7/2/2019 made in M.V.O.P.No.1035 of 2014 on the file of the XI Additional Chief Judge, City Civil Court, Hyderabad (for short "the Tribunal"), the appellant/claimant preferred the present appeal seeking enhancement of the compensation.

(2.) Brief facts of the case are that the minor appellant through her father, filed a petition under Sec. 166 of the Motor Vehicles Act claiming compensation of Rs.20,00,000.00 for the injuries sustained by her in a road accident that occurred on 9/2/2014. According to the appellant, on 9/2/2014 while she was returning to her house at 3rd Incline of Kothagudem Town, one Auto Trolley bearing No.AP 37 TC 3981, 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, dashed the appellant, as a result of which, the appellant sustained fracture to her nasal bone and right femur. Immediately after the accident, the appellant was shifted to Mamata Hospital, Khammam and the father of the appellant had incurred Rs.1,00,000.00 towards medical expenses and she also required another amount of Rs.50,000.00 for removal of the rod which was inserted to her right femur. It is further stated that due to fracture of nasal bone, the face of the appellant was disfigured and her right leg was shortened due to fracture of right leg femur, therefore, she laid the claim against the respondents, seeking compensation.

(3.) After considering the claim and the counter filed by respondent No.2, and on evaluation of the evidence, both oral and documentary, the learned Tribunal has partly allowed the O.P. and awarded compensation of Rs.1,37,000.00 with interest at 9% per annum. Challenging the quantum of compensation awarded, the present appeal is filed by the appellant/claimant.