The principle of just compensation emphasizes that claimants should receive fair and reasonable compensation, reflecting their future earning potential and the severity of injuries sustained.

JUDGMENT :

RAVI NATH TILHARI, J :

Heard Sri Gudi Srinivasu, learned Counsel for the appellant and Sri N. Chandra Sekhar Reddy, learned Counsel for the claimants/respondents.

2. This appeal under Section 173 of the MOTOR VEHICLES ACT , 1988 (for short, "the M.V Act") was filed by the Oriental Insurance Company Limited challenging the award dated 12.04.2013 in Original Petition No.302 of 2012 (in short, "O.P"), passed by the VI Additional District Judge, Ananthapur at Gooty.

3. The claimants-respondents have filed the cross-objections for enhancement of the compensation amount. There is some delay in filing the cross-objections. They have filed IA No.3 of 2017 (MACMA MP No.36219 of 2017) for condonation of delay. The cause shown in the affidavit for the delay in filing the cross-objection is condoned.

4. The respondent No.1 Shaik Mohammad Mustafa, is the applicant/claimant in OP No.302 of 2012. The OP was filed under Sections 140 and 166 of the M.V. Act for grant of compensation of Rs.30,00,000/- for the fatal injuries sustained by him in a motor accident on 21.07.2008 at about 9.45 a.m., near Blue Moon Hotel, Gooty, Anantapur Road within the limits of Gooty Police Station. The 1st respondent's case was that he was aged about 20 years, at the time of the accident. He studied upto B.Tech, in SKD Engineering College, Gooty. He was brilliant, intelligent and meritorious student and had high hopes on his future by appearing campus recruitments after completion of his Engineering Graduation. Due to the fatal injuries so sustained in the road accident, he could not attend for campus recruitment for better jobs since he was unable to move freely. Due to the fatal crush injuries in the accident his left leg was amputated upto femur. He was facing difficulty to attend his day-to-day personal work, studies and for searching of job. He became completely dependent upon others for his survival. The accident was caused when he was the pillion rider of the motorcycle and Noor Mohammad was driving the motor cycle slowly and carefully on the extreme left side of road by following traffic rules, and when they reached near Blue Moon Hotel, Gooty on Gooty-Anantapur Road, the driver of the offending lorry Bearing No.AP-02-W-7586 drove it from their behind in a rash and negligent manner without blowing horn, and hit against their motor cycle from behind. As a result, the applicant and the rider of the motor cycle fell down from the motor cycle; the lorry passed over the motorcycle and also on left leg of the applicant; thereby his left leg was crushed upto knee. The applicant also sustained multiple injuries all over body and his motor cycle was badly damaged.

5. The 2nd respondent herein, 1st respondent in the O.P., remained ex parte.

6. The 2nd respondent in O.P. Insurance Company, present appellant, filed written statement denying the averments of the claim petition. Plea was taken that the accident was caused due to rash and negligent driving of the rider of the motor cycle and that there was no rash or negligent driving on the part of the driver of the offending lorry. The rider of the motor cycle so also the driver of the offending lorry had no driving license at the time of accident. The plea was also taken that the offending vehicle had also no valid permit, fitness certificate etc., at the time of accident and that the amount of compensation claimed was excessive.

7. The Tribunal fram