SUNKARA SURESH Vs. D.ASHWIN KUMAR

JUDGEMENT

(1.) During pendency of O.P., the injured claimant i.e. 1st petitioner died, his legal heirs are brought on record as per order dated 03.07.2003 in I.A.No.3838 of 2002.

(2.) This appeal is directed by the claimants against the award dated 19.01.2002 passed by the Motor Accidents Claims Tribunal-cum-District Judge, Nizamabad (for short 'the Tribunal), in O.P.No.152 of 2002, whereby the tribunal allowed the appeal in part granting compensation of Rs.36,667/- in pursuance of Ex.A.8-medical bills and treatment, on account of the accident occurred on 27.11.2001 at 9 p.m., when the 1st petitioner coming from Pochampad and was proceeding to Bussapoor side, near Substation of Bussapoor Village, one motorcyclist bearing No. AP 25 G 4883 came in a rash and negligent manner at high speed, dashed the 1st petitioner, as a result of which the 1st petitioner sustained fracture injuries to right leg, left leg, injuries to left ankle, right leg bone was crushed and also received multiple and grievous injuries on various parts of the body, shifted to Government Hospital, Nizamabad and took treatment for two days i.e. from 28.11.2001 to 30.11.2001, thereafter, he was shifted to Machilipatnam and took treatment from 02.12.2001 to 02.01.2002 and subsequently, he was shifted to Government Hospital, Guntur and treated from 07.01.2002 to 08.01.2002 by Dr M.Sunder Rao, and later he was shifted to Padmavati Hospital, Gudiwada and treated by Dr Mannem Bhavani Shanker from 09.01.2002 to 11.01.2002 and that he was also took treatment in Chalasani Hospital, Gudiwada and that bone grafting was done to his right leg and that prior to the accident the 1st petitioner was hale and healthy, used to earn Rs.2 lakhs per year, as against the claim of Rs.5,00,000/-.

(3.) For the sake of convenience, the parties herein are referred to as arrayed in the tribunal.