JUDGMENT:

Aggrieved by the impugned decree and order passed in M.V.O.P.No.247 of 2007, on the file of the Motor Vehicle Accident Claims Tribunal-cum-VI Additional District Judge, Rajahmundry, East Godavari District, whereby the Tribunal awarded an amount of Rs.1,07,500/- towards compensation, this instant appeal is filed.

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 aforesaid M.V.O.P.No.247 of 2007 was filed by the claim petitioner, under Section 166 of Motor Vehicles Act claiming compensation of Rs.1,50,000/- for the injuries sustained by the claimant in a motor vehicle accident occurred on 26.12.2006.

4. The brief averments of the claim petition are as follows:

On 26.12.2006 while the injured Smt. Karra Venkata Ramani was attempting to return to Rajahmundry from Dowlaiswaram to catch Auto at Papuvari Street and meanwhile a Bajaj Spirit Motor Cycle bearing No.AP 29 6253 driven by 1st respondent came from her behind in a rash and negligent manner and dashed her as a result she fell down and sustained fractures including loss of teeth. She was admitted in the Hospital as inpatient and hospitalized for a period of ten days. 1st respondent is the driver, 2nd respondent is the owner and 3rd respondent is the insurer of the offending vehicle Motor Cycle.

5. Case against 1st respondent dismissed for default.

6. 2nd respondent remained ex parte.

7. 3rd respondent filed a counter by denying all the averments of the claim petition and pleaded that the claim is excessive.

8. Based on the above pleadings of both the parties, the Tribunal framed the following issues for trial:

1. Whether the accident was occurred due to rash and negligent act of R.1, driver of the motor cycle bearing No.AP 29 6253?

2. Whether the petitioner is entitled for claim of compensation? If so, to what amount, and against which of the respondents?

3. To what relief?

9. During the course of enquiry, on behalf of the claim petitioner, P.Ws.1 and 2 were examined and got marked Ex.A1 to A6. On behalf of 3rd respondent, none of the witnesses were examined and no documents were marked.

10. At the culmination of the enquiry, based on the material available on record, the Tribunal came to conclusion that the accident is occurred due to rash and negligent driving of the driver of the offending vehicle Motor Cycle and awarded an amount of Rs.1,07,500/- to the petitioner towards total compensation for the injuries sustained by her in a motor vehicle accident occurred on 26.12.2006. Aggrieved by the said decree and order passed by the Tribunal, the claim petitioner filed the present appeal seeking enhancement of compensation.

11. Heard both sides.

12. Now, the points for determination are:

1) Whether the order passed by the Tribunal needs any interference? If so, to what extent?

2) Whether the appellant/claim petitioner is entitled enhanced compensation as prayed for?

POINTS:

13. On appreciation of the oral evidence of P.W.1 coupled with Ex.A1 attested copy of the First Information Report and Ex.A2 attested copy of the Charge Sheet, the Tribunal came to conclusion that the accident is question is occurred due to rash and negligent driving of 1st respondent while he is driving the Bajaj Spirit Motor Cycle bearing No.AP 29 6253. No appeal is filed by the respondents against the said finding given by the Tribunal. I do not find any legal flaw or infirmity in the said finding given by the Tribunal. Therefore, there is no need to interfere with the above finding given by the Tribunal.

14. Coming to the compensation awarded by the Tribunal, the Tribunal awarded an amount of Rs.1,07,500/- towards total compensation to the claimant, against which the present appeal is filed by the clamant for enhancement of compensation. The medical evidence discloses that the claimant is suffering with four fractures. The same is supported by the evidence of P.W.2, P.W.2 is the doctor, who treated the claimant and Ex.A3 attested