SYED JAFFAR Vs. SHAIK AHMED

JUDGEMENT

(1.) This appeal is preferred by the petitioner in O.P.No.919 of 2002 on the file of the Chairman, Motor Accident Claims Tribunal-cum-II Additional District Judge (FTC), Nizamabad (for short, 'the Tribunal'), dissatisfied with the award dated 31.03.2005 granting a sum of Rs.10,500/- towards compensation as against Rs.1,50,000/- claimed under Section 166 of the Motor Vehicles Act, 1988 read with Rule 455 of the A.P.Motor Vehicles Rules, 1989 (for short, 'the Act').

(2.) The appellant herein is the petitioner before the Tribunal, while the respondent Nos.1 and 2 the owner and insurer of the Auto bearing No.AP 25 U 268, respectively, are the respondents before the Tribunal.

(3.) The fact-situation occurring in the instant case is that on 24.03.2002, while the petitioner was traveling in an Auto bearing No.AP 25 U 268, to go to Nizamabad town, at about 6.30 p.m. the driver of the said Auto drove the same in a rash and negligent manner and lost control over the Auto, as a result of which, the Auto fell down and turned turtle and the petitioner sustained injuries to his head, right leg besides the injuries on other parts of the body. Immediately, after the accident the petitioner was treated by Dr.Sandeep Bhargava, Civil Assistant Surgeon working at Government Hospital, Nizamabad. The Traffic Police Station of Nizamabad registered a case in Crime No.68/2002 against the driver of the said Auto. Prior to the accident the petitioner used to earn Rs.5,000/- 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.1,50,000/-.