S.Viswanath v. K.Ramakrishna

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER M.A.C.M.A.No.3 0 2 9 of 2 0 0 5 JUDGMENT:

This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), by the appellant-claimant aggrieved by the order dated 07.04.2005 in O.P.No.1645 of 2000 on the file of the Motor Accident Claims Tribunal-cumII Additional Chief Judge, City Civil Court, Hyderabad (for short 'the Tribunal').

2.

No representation for both sides. This appeal is of the year 2005. Hence, it can be disposed of on merits basing on the material available on record.

3.

In the grounds of appeal, it is contended that the compensation granted by the Tribunal is meagre. The Tribunal had taken the annual income of the appellant at Rs.12,000/ - instead of Rs.15,000/ -. The disability suffered by the appellant was not taken into consideration. The loss caused to the appellant is Rs.6,000/ - per month and ultimately prayed to enhance the compensation.

4.

In the impugned order, the Tribunal while dealing with the matter held that the appellant suffered injuries due to the rash and negligent driving of the driver of bus bearing No.AP 9U 4419 and elaborately dealt with all the oral and documentary evidence and ultimately granted compensation of Rs.2,69,000/ - to the claimant as detailed below: -

Fracture Rs.50,000/ - Pain and suffering and extra nourishment Rs.25,000/ - Transportation Rs.5,000/ - Medical attendant Rs.8,000/ - Loss of income Rs.8,000/ - Medical expenditure Rs.1,25,000/ - Loss of future income Rs.48,000/ - Tot al Rs.2 ,6 9 ,0 0 0 / - The Tribunal had elaborately dealt with the nature of injuries and granted the aforementioned amount. Hence, there are no circumstances to take a different view. 5.

In the result, the appeal is dismissed. No costs. The Miscellaneous Petitions, if any, pending shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J Date: 02.08.2018 ssp