T KALAVATHI Vs. O ANANTHA REDDY

JUDGEMENT

(1.) Claimant is appellant herein. This appeal is filed not satisfied with the amount of compensation awarded by the Motor Accidents Claims Tribunal.

(2.) On 18.6.2010, while the appellant was selling lemons on the road side near Maisamma Temple at Hydernagar, a Car bearing No.AP 09 TW T/R 1910 came with high speed and dashed the appellant, as a result of which, appellant fell down and sustained multiple fractures. She was shifted to Remedy Hospital and from there to Gandhi Hospital. Crime No.89 of 2010 was registered against the Driver of the vehicle, alleging rash and negligent driving. Appellant acquired disability on account of the injuries caused to her. Claiming compensation for the injuries suffered by her and loss caused to her, she filed O.P.No.17 of 2011 on the file of the II Additional Chief Judge-cum-Motor Accident Claims Tribunal, City Civil Courts, Hyderabad. The owner of the vehicle and the Insurance Company are arrayed as respondents. The appellant placed reliance on the medical certificate issued by Dr.V.K.V.Prasad, M.S. Ortho, certifying that the appellant suffered 20% disability and the same contributed to 40% of loss of earning capacity. Appellant also claimed that she was earning Rs.5,000/- per month by selling vegetables.

(3.) The Tribunal held that the accident occurred due to rash and negligent driving. While assessing the compensation amount payable to the appellant, the Tribunal computed the income of the appellant as Rs. 3,000/- per month and also assessed disability as 10% and based on the said assessment of income and disability and taking note of other components for awarding compensation, the Tribunal has determined the total compensation as Rs.2,23,200/-.