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.

JUDGMENT

1. The appellant is the Claimant in M.V.O.P.No.254 of 2008 on the file of the Motor Accident Claims Tribunal (District Judge), Chittoor, and the respondents are the respondents in the said case.

2. Both the parties in the appeal will be referred to as they are arrayed in claim application.

3. The claimant filed a Claim Petition under Sec. 166 of Motor Vehicles Act against the respondents praying the Tribunal to award an amount of Rs.7, 00, 000.00 towards compensation to the injuries sustained by the petitioner in a Motor Vehicle Accident occurred on 12/9/2006 at about 8.30 a.m.

4. The case of the claimant is that on 12/9/2006 at about 8.30 a.m. while the petitioner, aged about 18 years, student, was going to college and when reached near MSR junction on Chittoor-Vellore road, the driver of tractor and trailer bearing No.AP 03U 2502 and AP 03U 1860, drove the same in a rash and negligent manner and dashed against the petitioner, resulting which, the petitioner sustained multiple injuries and the petitioner claimed compensation of Rs.7, 00, 000.00 towards compensation.

5. The respondents 1 and 2 filed counters denying the claim application and contended that the claimant is not entitled any compensation and the respondents are not liable to pay any compensation to the injuries sustained by the petitioner.

6. Based on the above pleadings, the Tribunal framed the following issues:

i. Whether the accident occurred due to the rash and

negligent driving of the driver of the 1st respondent's tractor and trailer bearing No.AP 03 U 2502 and AP 03 U 1860?

ii. Whether the petitioner is entitled to any compensation for the injuries sustained by her, If so, to what amount and from whom?

iii. To what relief?

7. On behalf of the petitioner, PW1 to PW3 were examined and Ex.A1 to Ex.A8 were marked. On behalf of respondents RW1 to RW3 were examined and Ex.B1 and Ex.B2, Ex.X1 and Ex.X2 were marked.

8. After considering the evidence on record, the Tribunal has given a finding that the accident occurred due to rash and negligent driving of driver of crime vehicle and in the accident the petitioner has received grievous injuries and the Tribunal granted an amount of Rs.59, 856.00 to the claimant towards compensation.

9. Aggrieved by the same, the claimant filed the present appeal by claiming the remaining balance of compensation amount.

10. Now, the point for consideration is: Whether the Order of Tribunal needs any interference and the compensation awarded by the Tribunal is just and reasonable?

11. POINT:- The learned Tribunal, on considering the evidence on record, came to conclusion that the accident occurred solely due to rash and negligent driving on the part of the driver of the crime vehicle of 1st respondent. The respondents have not filed any appeal against the said finding. The Insurance Company also not challenged the finding given by the Tribunal.

12. At the time of filing of the case, the petitioner was a minor, represented by her father and natural guardian. During the pendency of the case, before the Tribunal, the petitioner was declared as Major by virtue of orders passed in I.A. No.865 of 2009 dtd. 8/3/2010.

13. On considering the entire material on record, the Tribunal came to conclusion that the claimant is entitled an amount of Rs.59, 856.00 towards compensation for the injuries sustained by her in a Motor Vehicles Accident. PW1 is the injured person. The evidence of PW1 coupled with Ex.A4 certified copy of wound certificate clearly goes to show that the petitioner sustained three grievous injuries. But the Tribunal granted Rs.25, 000.00 for the injuries, pain and suffering. The Tribunal failed to grant compensation for the grievous injuries sustained by the petitioner. On considering the medical evidence i.e., Ex.A4 certified copy of wound certificate coupled with the evidence of PW1, the petitioner sustained three grievous injuries and she suffered severe mental agony. Therefore, an amount of Rs.15, 000.00 is awarded for each gri