S. SRINIVAS Vs. V. NAGESHWAR RAO

JUDGEMENT

(1.) By order, dtd. 7/4/2014, the learned Chairman, Motor Accident Claims Tribunal-cum-Additional chief Judge, City Civil Courts at Hyderabad (for short, 'the tribunal') partly allowed O.P.No.2887 of 2011 awarding total compensation of Rs.19,02,140.00 in favour of the claimant towards compensation. Seeking enhancement of compensation, the claimant preferred MACMA No. 4015 of 2014 and challenging the quantum of compensation as excessive, the Insurance Company-M/s. Royal Sundaram Alliance Insurance Company Limited, respondent No.

(2.) before the tribunal, preferred MACMA No. 4277 of 2015. 2. For the sake of convenience, the parties have been referred to as arrayed before the Tribunal.

(3.) The claimant filed a petition under Sec. 166 of the Motor Vehicles Act claiming compensation of Rs.30,00,000.00 for the injuries sustained by him in a motor vehicle accident that took place on 1/12/2011. It is stated that on 1/12/2011, at about 13:45 hours, while the claimant was proceeding on his motorcycle towards Hi-tech city and when he reached the railway station flyover of high-tech city, the offending vehicle i.e., Car bearing No.AP 37 BD 4116, 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 motorcycle of the claimant, as a result of which, the claimant fell down and sustained grievous injuries. Immediately after the accident, the claimant was shifted to Anupama Hospital; from there he was shifted to Sunshine Hospital, where he underwent operation to his spinal cord and incurred Rs.5,00,000.00 towards medical expenses. It is further stated that due to the injuries on the spinal cord, the claimant is unable to do any work, confined to bed and therefore, he laid the claim-petition claiming compensation of Rs.30,00,000.00.