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V. GOPALA KRISHNA RAO
Marisetty Lakshmi – Appellant
Versus
Appikonda Apparao – Respondent
JUDGMENT
1. The appellant is the Claimant in M.V.O.P.No.294 of 2011 on the file of the Motor Accidents Claims Tribunal -cum- X Additional District & Sessions Judge (FTC), Visakhapatnam at Anakapalle and the respondents are the respondents in the said case.
2. For the sake of convenience, both the parties in the appeal will be referred to as they are arrayed in the claim application.
3. The claimant filed a Claim Petition under Sec. 166 of Motor Vehicles Act, 1988 read with Rule 455 of Andhra Pradesh Motor Vehicles Rules, 1989 against the respondents praying the Tribunal to award an amount of Rs.2, 00, 000.00 towards compensation for the injuries sustained by her in a Motor Vehicle Accident occurred on 4/10/2007.
4. The brief averments of the petition are as follows: On 4/10/2007 at about 11.15 a.m. the petitioner and two other passengers boarded an auto rickshaw bearing No.AP 31Y 5519, hereinafter referred to as 'offending vehicle', to go to Yelamanchili and when the auto reached near Cashewnut Factory, Narasingabilli, NH-5 road, the driver of the offending vehicle drove the same in a rash and negligent manner with high speed and applied sudden brakes, resulting which the petitioner
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 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.
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