and

award

dated

15.06.2019

in

MVC

No.240/2016 passed by the Senior Civil Judge and C.J.M at

Yadgiri, may kindly be modified by enhancing the

compensation as claimed in the claim petition.

This appeal coming on for Admission, this day, the

Court delivered the following:-

JUDGMENT

This appeal under Section 173(1) of the Motor

Vehicles Act, 1988 (hereinafter referred to as ‘the Act’,

for short) has been filed by the petitioner being

aggrieved

by

the

judgment

and

award

dated

15.06.2019 passed in MVC No.240/2019 by the Senior

Civil Judge and CJM at Yadgir.

2.

For the sake of convenience, parties are

referred to as per their ranking before the Claims

Tribunal. Appellant is petitioner and respondents are

respondents before the Tribunal.

3.

Facts giving rise to the filing of the appeal

briefly stated are that on 21.03.2013 at about 4.15

3

p.m., the petitioner was proceeding on his motorcycle

bearing registration No.AP-29/X-9512, on the main

road near Kesara Outer Ring Road, at that time, the

driver of the Lorry bearing registration No.CG-04/E-

5462 came from behind with high speed in a rash and

negligent manner and dashed to the petitioner’s

motorcycle. Due to which, he fell down sustained

grievous injuries and became permanent disabled. The

Petitioner has spent huge amount towards the medical

treatment. The petitioner filed a petition under

Section 166 of the Act seeking compensation on

account of the injuries sustained in the road traffic

accident.

3.1. In spite of service of notice, respondent

No.1 did not appear and placed ex-parte. Respondent

No.2 filed written statement denying the averments

made in the petition and denied the age, occupation

and income of the injured petitioner. It is contended

4

that the compensation claimed by the petitioner is

highly exorbitant, excessive, arbitrary and without any

legal basis. Hence, sought for dismissal of the

petition.

3.2. On the basis of the pleadings of the parties,

the Claims Tribunal framed the issues and thereafter

recorded the evidence. In order to prove the case,

the petitioner examined as PW-1 and examined doctor

as PW-2 and got exhibited documents namely Ex.P1

to Ex.P13. The respondent has not lead any evidence

on its behalf, but got marked document namely

Ex.R1. The Tribunal, after recording the evidence and

considering the material on record, allowed the

petition in part and awarded compensation of

Rs.7,43,000/- along with interest at the rate of 6%

p.a. from the date of petition till its realization and

held that respondent Nos.1 and 2 are jointly and

severally liable to pay compensation and directed the

5

respondent No.2 to deposit the compensation amount.

Being dissatisfied with the compensation awarded by

the Tribunal, the petitioner has filed the present

appeal seeking for enhancement of compensation

amount.

4.

Heard the learned counsel for petitioner

and learned counsel for respondent No.2-Insurance

Company.

5.

Learned counsel for the petitioner submits

that the accident is of the year 2013, the tribunal has

taken the income of the petitioner @ Rs.6,000/- per

month, which is on the lower side. He submits that

compensation awarded by the tribunal is on the lower

side. Hence, he prays to allow the appeal.

6.

Per contra, the learned counsel for the

respondent No.2/Insurance Company supports the

impugned judgment and award passed by the

6

tribunal. He further submits that the compensation

awarded by the tribunal is just and proper and does

not call for any interference. Hence, prays to dismiss

the appeal.

7.

Perused the records and considered the

submission made by the learned counsel for the

parties.

8.

The point that arise for consideration is

with regard to quantum of compensation.

9.

It is not in dispute with regard to manner

of accident and also injuries sustained by the

petitioner in the road traffic accident. In order to

prove that the accident was occurred due to rash and

negligent driving of the driver of the offending vehicle,

the petitioner has produced charge sheet