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V. GOPALA KRISHNA RAO
Kovvuri Gopala Krishna Reddy – Appellant
Versus
Shaik Jelani – Respondent
JUDGMENT :
The appellant is the claimant in M.V.O.P.No.549 of 2009, on the file of the Motor Accidents Claims Tribunal-cum-(Principal District Judge) East Godavari District, Rajahmundry, and the respondents herein are the respondents in the said case.
2. The parties in the appeal will be referred to as they are arrayed in the claim application.
3. The claimant has filed a claim petition under Sections 166 of the Motor Vehicles Act, for seeking compensation of Rs.8,50,000/- for the injuries sustained by the petitioner in a Motor Vehicle Accident that occurred on 04.12.2008. at about 03:30 PM.
4. The case of the petitioner is as follows: On 04.12.2008 at about 03:30 P.M., while he was proceeding from Mandapeta to Pasalapudi village on Super Splendor Hero Honda Motor cycle bearing No.AP 5 AR 6043 very slowly and cautiously on the left side of road and when he reached Veerabharapuram, at that time the 1st respondent drove lorry bearing No.AP 37 W 7556 in a rash and negligent manner in opposite direction and dashed the motor cycle on which the petitioner was proceeding due to which the petitioner fell down on the road and sustained grievous injuries.
5. The 1st and 2nd respondents remained e
The court held that the appellant was entitled to enhanced compensation for the grievous injuries sustained in the accident, considering the medical evidence and the evidence of the appellant.
Disability to part of body cannot be treated as disability to whole body.
Disability to part of body cannot be treated as disability to whole body.
The main legal point established is the determination of compensation under the Motor Vehicles Act based on the evidence of rash and negligent driving and the extent of injuries sustained.
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