BANAVATH BIKKU Vs. Y.SHANKAR

JUDGEMENT

(1.) This appeal is filed by the injured claimant aggrieved by the award and decree dtd. 4/12/2007 passed in O.P.No.1532 of 2003 on the file of the II Additional District and Sessions Judge (Fast Track Court), Nizamabad, seeking enhancement of compensation from Rs.30,000.00 awarded by the Tribunal to Rs.3,00,000.00 as claimed by him.

(2.) The claimant filed a claim petition under Sec. 166 of the Motor Vehicles Act (for short 'MV Act'), 1988. The case of the claimant was that he was aged 30 years working as a mason, R/o.Wesley Nagar Thanda of Dichpally Mandal, Nizamabad District. On 29/3/2022 at 09:00 AM while he was returning to his village Wesley Nagar Thanda from Suddapally Village on foot on the left side of the road and when reached near Ramadugu 'T' Road near Suddapally Village shivar, an auto bearing No.AP-25-T-9678 driven by its driver with high speed and in a rash and negligent manner, hit the petitioner from his behind. Due to which, he sustained fractures of both bones of left leg, deformity of left leg, fracture of left shoulder, fracture of ribs, lost three teeth and other teeth became loosened, fracture of skull and other multiple and grievous injuries all over the body. Immediately after the accident, he was shifted to Government Head Quarters Hospital, Nizamabad, where he was admitted as in-patient from 29/3/2002 to 26/4/2002 and underwent operation. Steel rods were inserted to his left leg. After discharge from the Government Hospital, he had taken treatment under private doctors and incurred expenses to an extent of Rs.1,50,000.00. As such claimed compensation from respondents 1 and 2, the owner and insurer of the auto bearing No.AP-25-T-9678.

(3.) The respondent No.1 remained ex-parte.