MD. KHADEER Vs. WENS ROAD LINES

JUDGEMENT

(1.) This appeal is directed by the claimant against the award dated 17.02.2005 by the IV Additional District & Sessions Judge, Fast Track Court, R.R.District at L.B.Nagar (for short 'the Tribunal'), in O.P.No.63 of 2002, whereby the tribunal granted compensation of Rs.36,000/-.

(2.) The facts of the case are that on 25.01.2001 at about 11.30 a.m., while the petitioner along with two others was traveling in an auto from Jeedimetla to go to Patancheru, a Lorry bearing No. ABT 4787 came from back side in a rash and negligent manner at high speed, dashed the auto, for which the petitioner and other passengers including the driver received serious injuries and fracture, they were shifted to Government Hospital, Sanga Reddy and thereafter shifted to CDR Hospital for treatment and that the petitioner sustained fracture of nasal bone, injuries to chest and all parts of the body. The petitioner was aged about 24 years and he was an auto driver at the time of accident. Due to the accident, the petitioner could not drive the auto and lost his earnings and sought a compensation of Rs.1,00,000/-.

(3.) The tribunal after considering the evidence and material available on record has awarded Rs.36,000/- as compensation with interest @ 9% per annum from the date of petition till the date of realization as against the claim of Rs.1,00,000/-. Aggrieved thereby, the appellant/claimant filed the present appeal seeking enhancement.