LAWS(TLNG)-2023-3-61

D. SURESH Vs. DEPOT MANAGER

Decided On March 20, 2023
D. SURESH Appellant
V/S
DEPOT MANAGER Respondents

JUDGEMENT

(1.) This appeal is preferred by the petitioner being dissatisfied with the quantum of compensation awarded by the Chairman, Motor Accident Claims Tribunal-cum-VIII Additional District Judge, Nizamabad in M.V.O.P. No.214 of 2015, dtd. 25/10/2019, seeking enhancement of compensation granted by the Tribunal.

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

(3.) Appellant is the petitioner in the main O.P. The injured-petitioner filed a petition under Sec. 166 (1) (a) of Motor Vehicles Act claiming compensation of Rs.5.00 lakhs for the injuries sustained by him in a motor vehicle accident that occurred on 2/12/2014. It is stated by the claimant that on 2/12/2014 he along with his brother Kishan was going towards Metpally on his bullock cart to harvest sugar cane. His brother in law Ramdas was going ahead with his bullock cart and when they reached near Santosh Nagar village at about 5-15 a.m. in the meantime RTC bus bearing No. AP 25 Z 0074 came from the back side in a rash and negligent manner with high speed driven by its driver and dashed their bullock cart, as a result, petitioner sustained fracture injuries all over the body and the bullock cart was completely damaged and two bulls sustained severe injuries and became useless. Immediately after the accident, the petitioner was taken to Government Hospital, Armoor and from there he was shifted to Government Hospital, Nizamabad and was treated as inpatient from 2/12/2014 to 6/12/2014 and he was also treated in a private hospital and incurred huge amount towards medical expenses. It is further stated that prior to the accident, the petitioner is hale and healthy and aged 23 years and earning Rs.12,000.00 per month by doing agriculture and labour works. Due to the accident, he lost his income and became disabled. Therefore, he is seeking compensation of Rs.5.00 lakhs against the respondent Nos.1 to 3, who are the owner, controlling authority and driver of the RTC bus jointly and severally.