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T. MALLIKARJUNA RAO
Shaik Babul Saheb – Appellant
Versus
Mithun Kumar Singh – Respondent
JUDGMENT :
1. Aggrieved by the Order and decree dated 10.09.2012 in M.V.O.P. No.271 of 2010 passed by the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Ongole (for short, "the tribunal"), whereby the tribunal awarded compensation of Rs.1,45,000/-with interest at 9% from the date of petition till realization against respondents 1 to 3 jointly and severally, the claimant has preferred the present appeal.
2. For convenience, the parties herein will be referred to as per their rankings in the M.V.O.P.
3. The claimant filed a petition under Section 166 of the Motor Vehicles Act, 1988, for compensation of Rs.5,00,000/-for his injuries in a motor vehicle accident on 03.05.2010.
4. The claimant's case is that on 03.05.2010, he went to Dyvalaravuru village on his T.V.S. Moped bearing No.AP-27-AA-8357. After completing his work, he was returning to his village on the NH-5 road. When he reached Venkatarajupalem village, the lorry bearing No.NL-01-D-7499 (hereinafter referred to as 'the offending vehicle’) proceeding from Guntur to Ongole, driven by the 1st respondent in a rash and negligent manner, hit on the back side of Moped of the claimant. As a result, he fell o
The court established that compensation for permanent disability must reflect actual loss, justifying an increase from Rs.1,70,000/- to Rs.7,04,000/-.
The assessment of compensation in a case of personal injuries should be based on the following heads:
(i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing foo....
The loss of earning capacity of a claimant in a motor vehicle accident should be computed on the basis of loss of functional disability, and not on the basis of permanent disability.
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