M.LINGAIAH LINGAM Vs. HANS RAJ KALLE

JUDGEMENT

(1.) This appeal is preferred by the petitioner in O.P.No.267 of 2003 on the file of the Chairman, Motor Accident Claims Tribunal- cum-Judge, Family Court, Secunderabad (for short, 'the Tribunal'), dissatisfied with the award dated 20.06.2005 granting a sum of Rs.2,00,000/- towards compensation as against Rs.4,00,000/- claimed under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act').

(2.) The appellant herein is the claimant/petitioner before the Tribunal, while the respondent Nos.1 and 2, the owner and insurer of the Ambassador Car bearing No.AP 10 U 6288, respectively, are the respondents before the Tribunal.

(3.) The fact-situation occurring in the instant case is that on 07.08.2003, while the petitioner was proceeding in an ambassador Car bearing No. AP 10 U 6288 from Hyderabad towards Dharmapuri on Rajiv Rahadari, when it reached at the outskirts of Arepally Village, the driver of the car drove the car in a rash and negligent manner with high speed and took a sudden turn, thereby the car dashed to the lorry which was coming from Siddipet. Due to which the petitioner received poly trauma with fracture, dislocation of left hip, fracture of Acetalube hip, fracture of right femur with fracture of left ribs 6,7,8 with concussion, left lung with flail chest left side, compound commuted fractures of both legs and other injuries all over the body. Immediately after the accident, he was shifted to Government Hospital and after first aid, he was shifted to Gandhi Hospital, Secunderabad. Kuknoorpally Police registered a case in Crime No.70/03. As on the date of accident the petitioner was aged 62 years and used to earn Rs.7,800/- per month. The grievance of the petitioner is that after the accident he is unable to attend to his regular duties due to the injuries and permanent disability sustained by him; and that his family members are also suffering a lot of financial difficulties. Hence, the petitioner claimed compensation of Rs.4,00,000/-.