M. Koteshwar Rao vs Kashi Reddy And 2 Ors

This appeal is filed by the appellant-claimant against respondent Nos.1 to 3 (The owner of the crime vehicle Maruthi Car bearing No.AP-10-R-7803, Manager and General Manager of Bajaj Allianz General Insurance Company Limited respectively) aggrieved by the Judgment and Decree dated 30.10.2006 passed in O.P.No.422 of 2003 by the Motor Accidents Claims Tribunal (I Additional Metropolitan Sessions Judge-Cum-XV Additional Chief Judge, Hyderabad) (for short, the Tribunal) for granting compensation of Rs.1,14,000/- out of claim of Rs.5,00,000/- with interest at 7.5% p.a. with the averments in the grounds of appeal that the Tribunal did not consider the disability though there is Ex.A.4-disability certificate issued by the Doctor who treated the appellant showing that the appellant suffered 10% of disability. The Tribunal failed to consider all the medical bills produced by the appellant including physiotherapy charges though the medical bills are marked with the consent of the respondents, that the tribunal need not insist for constitution of team of Doctors to examine the appellant and issue disability certificate. Hence, the compensation granted by the Tribunal is utterly low, unjust and prays the Court to grant compensation as claimed for by setting aside the order of the tribunal.

The brief facts of the case are that on 27.08.2002 at about 11.30 a.m. while the appellant was going on his Boxer motor cycle from Liberty to Tank bund at Burgula Ramakrishna Rao Bhavan ‘U’ turning point, Maruti Zen car bearing No.AP-10R-7803-crime vehicle came from Secretariat side in a rash and negligent manner and dashed to the motor cycle of the appellant, due to which he fell down and sustained fracture injuries.

Before the Tribunal, the 1st respondent remain exparte. The 2nd and 3rd respondents filed their counter denying the averments of the claim petition and contended that the amount claimed is excessive and prayed to dismiss the claim petition.

After considering the oral and documentary evidence on record, the Tribunal came to conclusion that the accident occurred due to the rash and negligent driving of the driver of the crime vehicle and awarded compensation of Rs.1,14,000/- with interest at the rate of 7.5% per annum, i.e., Rs.40,000/- towards fracture injuries, Rs.50,000/- for removal of implant, other miscellaneous expenses including transplantation and extra nourishment etc., and Rs.24,000/- towards loss of income. Dissatisfied with the quantum of compensation, the injured filed the present appeal, seeking enhancement of the same.

Heard.

On perusal of the entire material available on record and having regard to the facts and circumstances of the case, the order passed by the Tribunal is well-considered and needs no interference of this Court and hence accordingly, the appeal is liable to be dismissed.

In the result, the Motor Accident Civil Miscellaneous Appeal is dismissed confirming the order of the Tribunal in O.P.No.422 of 2003, dt.30.10.2006. Miscellaneous petitions pending, if any, shall stand closed. No costs.