The court established that adequate compensation must reflect the actual injuries and expenses incurred, enhancing the prior award due to miscalculation.

JUDGMENT :

B.R. MADHUSUDHAN RAO, J.

1. This memorandum of Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (for short ‘MV Act’) assailing the award passed by the Motor Accident Claims Tribunal (III Additional District Judge), (Fast Track Court) Nizamabad (for short ‘the Tribunal’) in O.P.No.268 of 2005 dated 05.02.2008.

2.1 Appellant is the petitioner and respondents are the respondents before the Tribunal.

2.2 Notice got issued to respondent No.1 in the appeal is served on 15.10.2008, none appeared for him.

3.1 Appellant – petitioner has filed petition under Section 166 (1)(a) of the MV Act read with Rule 455 of APMV Rules claiming compensation of Rs.2,00,000/- with interest at the rate of 24% per annum for the injuries sustained by him in the accident.

3.2 It is stated in the petition that on 10.03.2004 while the appellant – petitioner was travelling in a jeep bearing No.AP-25-U- 1176 from Nallur to Armoor, when it crossed Nehrunagar School in the limits of Balkonda village the driver of the said jeep drove it in a rash and negligent manner in high speed, applied sudden breaks without giving any signals, due to which the rider of the hero honda motor cycle which was coming behind, dashed the jeep, the appellant-petitioner has sustained grievous injuries all over the body. Appellant – petitioner was shifted to Government Hospital, Balkonda, where he was treated as inpatient, thereafter he was continuing his follow up treatment under private doctors, underwent operations, steel rod was inserted into right leg and he incurred expenditure more than a sum of Rs.1,00,000/- towards his medical expenses and extra nourishment. The appellant - petitioner was aged about 19 years as on the date of accident, was a stone cutter and labourer on contract basis and earning Rs.12,000/- per month. Due to the injuries, he could not able to do the work and prayed to allow the O.P from the date of petition till the date of realization.

4. Respondent No.1 filed counter and contended that there is no negligence on the part of the driver of the crime vehicle, the jeep is insured with the respondent No.2 which is valid from 20.01.2004 to 19.01.2025, thus the policy is in force as on the date of accident, therefore respondent No.2 is liable to pay the compensation and prayed to dismiss the O.P. against him.

5. Respondent No.2 has filed its counter and denied the manner in which the accident has taken place and also denied the age, avocation of the appellant – petitioner. Further it is contended that the driver and insurer of motor cycle are proper and necessary parties to the O.P., the respondent No.1 has violated the policy conditions and prayed to dismiss the petition.

6. Learned Tribunal has framed the following issues:

1. Whether the accident has taken place due to rash and negligent driving of the Vehicle bearing No.AP25-U-1176 by its driver?

2. Whether the petitioner is entitled for compensation and if so to what just amount and against whom?

3. To what relief?

7. Appellant – petitioner is examined as PW1 and also examined PW2 – Dr.N.Sunanda and got marked Exs.A1 to A4. Respondents have not led any evidence in support of their contentions.

8. The learned Tribunal after analyzing the evidence adduced by the parties has partly allowed the O.P., awarded Rs.31,300/- as compensation payable by respondent Nos.1 and 2 jointly and severally with interest at the rate of 7.5% per annum from the date of petition till the date of deposit.

9. Learned counsel for the appellant – petitioner submits that the learned Tribunal has not considered the grievous injuries suffered by the appellant and failed to note the amount incurred by him towards his treatment. Further the Tribunal ought to have granted compensation towards future treatment and also erred in taking Rs.80/- per day as the income of the appellant - petitioner without considering the evidence on record