B. Chandra Kumar, J,

1. Aggrieved by the award dated 24.04.2000 in O.P. No. 47 of 1997 passed by the Motor Accidents Claims Tribunal-cum-Additional Special Judge for SPE and ACB Cases-cum-V Additional Chief Judge, City Civil Court, Hyderabad, in awarding only Rs.1,20,000/- compensation out of the total claim of Rs.20,00,000/- and seeking enhancement of compensation, the claimant before the Tribunal filed this appeal.

2. The parties hereinafter will be referred to as they are arrayed before the Tribunal for the sake of convenience.

3. The claimant’s case is as follows. On 05.10.1995 at about 8.15 AM while he was proceeding on his Hero Honda Motor cycle bearing No.AP10D-3078 from Ameerpet to his house and when he reached near Sai Super Market, Ameerpet, the offending bus bearing No.ABB-943, belonging to the first respondent and insured with the second respondent, being driven by its driver Mohd. Osman Khan in a rash and negligent manner at high speed, came from opposite direction and dashed against the motor cycle, as a result of which, the claimant fell down from the motor cycle and the said bus ran over his right foot causing bleeding injuries to the right foot and other parts of the body. The driver of the bus did not stop the bus at the place of accident. The claimant was shifted to NIMS hospital. The police proceeded to NIMS hospital, recorded the statement of the claimant and registered a case in Crime No.535 of 1995 of Panjagutta P.S., under Section 338 IPC R/w 132(c)/177 of the M.V. Act. After completion of investigation, the police laid charge sheet against the driver of the bus. The claimant had undergone four operations in NIMS, Hyderabad, and after discharge from NIMS he had taken treatment in various private hospitals and incurred an expenditure of Rs.3,00,000/-. The claimant sustained permanent disability and lost his earning capacity and even on the date of filing of the claim petition, he had been suffering from severe pain in his right leg.

4. The claimant did his M.S in Engineering in USA and he joined as Manager, Technical Sales in Hyderabad Batteries Limited, Hyderabad and was drawing salary of Rs.7,000/-per month. Apart from the above, he used to get 0.05% on the net profits of his sales. During his tenure in the above said Company, he had sold 100 injunction moulding machines worth about 2.2 million U.S. Dollars (Rs.6.93 crores). The claimant worked in the above said company up to January 1995 and then started a firm called “Sunrah Export” with an initial capital of Rs.10,00,000/-. The firm became an authorized agent for Hongkong based company of injunction moulding called “Chen Song”, which is a second largest producers of injunction moulding machines. The claimant had signed contracts with the buyers for the value of 1.5 million dollars (Rs.5.25 crores) and the firm would have got a net profit of Rs.21 lakhs had it completed the contract. Because of the accident, the claimant was unable to attend his business and lost his orders and all his commercial activities came to an end. The claimant claimed Rs.8,00,000/- towards loss of earnings, Rs.3,00,000/- towards transport charges, extra nourishment and medicine, damage to clothing and damage to motor cycle, Rs.2,00,000/- towards pain and suffering and Rs.7,00,000/- towards permanent disability.

5. The first respondent remained ex parte. The second respondent-insurance company contested the matter and denied in its counter all the material averments made by the claimant. It is denied that the accident occurred due to rash and negligent driving of the driver of the bus. The nature of injuries, period of treatment, claim of sustaining disability and loss of earning capacity as averred by the claimant have been denied. It is also denied that the claimant was working in Hyderabad Batteries Limited, Hyderabad, and earning Rs.7,000/- per month. It is also averred that the claim is highly excessive and exorbitant.

6. The Tribunal framed the following is