LAWS(TLNG)-2019-4-61

C PANDU Vs. D BALRAJ

Decided On April 01, 2019
C Pandu Appellant
V/S
D Balraj Respondents

JUDGEMENT

(1.) Having dissatisfied with the amount of Rs.85,500/- granted as compensation by the award and decree dated 02-12-2002 passed in O.P. No.1616 of 2000 on the file of the Chief Judge, City Civil Court, Hyderabad (for short, 'the Tribunal'), as against the claim of Rs.4,00,000/- laid under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act'), the petitioner-claimant preferred the instant appeal under Section 173 of the Act, seeking enhancement of compensation.

(2.) During the pendency of appeal, the appellantclaimant filed I.A.No.1 of 2019 permitting him to enhance the claim from Rs.4,00,000/- to Rs.10,00,000/- on the ground that the appellant has been suffering from total disability which resulted in total loss of earning capacity and further he has to live alone as he is unfit for marital life. It is also pleaded in the affidavit that the appellant has been under continuous treatment since the date of accident and his life is spoiled. By taking into consideration of said facts, the said I.A. was allowed.

(3.) The appellant herein is the petitioner-claimant, while the respondent Nos.1 and 2, who are the owner and the insurer of the van bearing registration No.AP 12 T 7958, were respondent Nos.1 and 2, respectively, in the original petition.