High Court for State of TelanganaCMA/3248/2004dismissed

K. Venkateswara Rao v. Mohd. Anwar

2017-10-11A.Shankar Narayana2 pages

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CIVIL MISCELLANEOUS APPEAL No.3248 OF 2004 JUDGMENT:

Heard Sri P. Radhive Reddy, learned counsel for the appellant - claimant, and Ms. I. Maamu Vani, learned counsel for respondent No.2 - The New India Assurance Company Limited, and perused the material on record.

2. The present Civil Miscellaneous Appeal is preferred dissatisfied with the award and the decree dated 22.05.2004 in O.P. No.231 of 1997 passed by the learned Chairman, Motor Accidents Claims Tribunal - cum - III Additional District Judge (Fast Track Court, Hyderabad, whereby and whereunder, an amount of Rs.5,000/- was awarded towards the injuries sustained by the appellant-petitioner as against his claim of Rs.1,00,000/- under Section 166 of the Motor Vehicles Act, 1988, attributing lack of appreciation on the part of the Tribunal. However, the learned counsel for the appellant, fairly conceded that the medical certificate issued by the concerned Area Government Hospital and the X-ray report was not filed and the radiologist's report was also not filed and, therefore, he is not insisting much on seeking enhancement.

3. The reasoning adopted by the learned Chairman, as could be seen from the discussion in paragraph No.11, gives an impression that it is based on proper appreciation of the evidence on record. So far as Ex.A-3 is concerned, the learned Chairman observed that it is in the

ASN,J CMA No.3248 of 2004 form of obtaining a certificate for using it availment of leave and the information mentioned therein was passed on by the petitioner himself. In such an event, certainly, excluding the evidence of PW.2 would not amount to any legal infirmity warranting interference. Thus, there is no merit in the appeal.

4. Therefore, the Civil Miscellaneous Appeal is dismissed confirming the order and the decree under challenge in all respects. There shall be no order as to costs.

As a sequel thereto, Miscellaneous Applications, if any, pending in the appeal stand dismissed.

__________________________ A. SHANKAR NARAYANA, J October 11, 2017.