JUDGMENT :

This appeal is filed seeking enhancement of compensation by Rs.6,45,822/- as against the compensation of Rs.2,73,300/- awarded by the tribunal below along with interest at 7.5% per annum from the date of petition till realization.

2. OP.No.2468 of 2001 was filed by the claimant under Section 166 of the Motor Vehicles Act, 1988 before the II Additional Chief Judge, City Civil Court, Hyderabad, against the respondent Nos.1 to 3. The respondent No.1 is the insurer, the respondent No.2 is the owner of the offending vehicle bearing No.AP 7T 7488 and the respondent No.3 is the driver of the offending vehicle. OP was filed by the claimant through his power of attorney holder.

3. The claimant, at the time of the accident, was aged 25 years and working as Software Engineer for Nokia in Texas, USA drawing an amount of $ 5416.67 per month. The claimant visited India to attend his sister’s marriage in the month of February 2000 and was to return to USA to attend his duties on 03.03.2000 by evening flight. The claimant visited his parents at Badrachalam in Khammam District and on 03.03.2000, at about 7.30 PM he started from Badrachalam on a Maruthi Van bearing No. APH 3636 along with his father, sister and brother-in-law to reach Hyderabad by afternoon. When the Maruthi Van reached the outskirts of Velminedu Village, a TATA 407 Mini Lorry bearing No.AP 7T 7488 coming from Hyderabad direction, driven by the respondent No.3 in a rash and negligent manner, hit the Maruthi Van, as a result of which the Maruthi Van turned turtle and fell towards the left side of the road and the Lorry fell towards the right side of the road. The accident occurred due to the rash and negligent driving of the Mini Lorry by its driver. Cr.No.21 of 2000 was registered by the Chityala Police, Nalgonda District, against the driver of the Mini Lorry and the investigation disclosed that the accident occurred due to the rash and negligent driving of the driver of the Mini Lorry. The compensation was claimed by the claimant jointly and severally against the respondent Nos.1 to 3.

4. The claimant sustained multiple injuries, while the other passengers/family members did not receive serious injuries. The claimant sustained fracture of his right foot and injuries to his shoulder and knees. He further sustained scars on the left eye Cornea due to scratches by glass pieces. He was given first aid and shifted to Yashoda Super Speciality Hospital, Malakpet. He was discharged on 09.03.200 with an advice to take complete bed rest. He was then shifted to Bhadrachalam for further treatment by taxi for which he paid Rs.2,000/-. At Bhadrachalam, he was treated by a Civil Assistant Surgeon, Area Hospital and Avadutha Eye Hospital. He was permitted to attend to his regular duties from 04.06.2000. The claimant sought time from his employer for reporting to duty and left for US on 05.06.2000.

5. The claimant stated that he lost salary for three months, which came to $16,250/- equivalent to Rs.6,98,750/-. He further incurred an expenditure of Rs.26,000/- for hospitalization and Rs.2,000/- towards taxi fare. He made frequent calls to his employer in the US to apprise them of the situation else, he would have been removed from job. He suffered shock and pain and hence, claimed an amount of Rs.14,25,750/- as compensation.

6. The respondent Nos.2 and 3 remained ex parte. The respondent No.1 filed counter denying the averments in the claim petition. It was stated that the compensation claimed was highly excessive. The manner in which the accident was narrated by the claimant was denied. The income of the claimant and loss of salary was denied. The nature of the injuries and treatment taken by the claimant was also denied. It was also contended that the driver of the Mini Lorry was not having valid license. So also the driver of the Maruthi Van in which the claimant was travelling.

7. The GPA holder of the claimant was examined as P.W.1. The doctors, who treated the claimant, were examined