THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA

JUDGMENT:

The appellant/claimant filed the present appeal against the Award and decree passed by the Motor Accident Claim Tribunal-cum-I Additional District Judge, Nizamabad, (hereinafter referred to ‘learned Tribunal’) in M.V.O.P.No.196 of 2015, dated 13.12.2019, wherein claimant/ petitioner had filed the claim petition under Section 166 of M.V.Act seeking compensation of Rs.2,00,000/- for the injuries received in a motor vehicle accident that took place on 05.09.2014.

2. The brief facts of the case are that appellants/claimants filed M.V.O.P.No.196 of 2015 under Section 166 of the M.V.Act, 1988 seeking compensation for the injuries received in a motor vehicle accident alleged to have caused due to rash and negligent manner by the Auto. It is contended that on 05.09.2014, the deceased was going on foot by the side of the road and when he reached near Prashanth Nagar Bus Stop, the driver of Auto bearing No.AP-25-X-5419 came in a rash and negligent manner with high speed and dashed to the petitioner, as a result, the petitioner fell down on the ground and the offending Auto ran over him. The petitioner sustained fracture and grievous injuries all over the body. The petitioner was taken to Government head Quarters Hospital, Nizamabad. The Police registered a case in Crime No.332 of 2014 against the respondent No.1/driver of offending vehicle for the offence under Section 337 of IPC.

3. The contention of the petitioner before the learned Tribunal was that due to accident, the petitioner sustained fracture injuries to his skull bone, grievous injuries on head, loss of teeth, injuries to right eye, fracture to his right knee and other injuries all over the body and petitioner was completely bed ridden for three months and also incurred huge expenditure in the hospital. The petitioner claimed an amount of Rs.2,00,000/- under various heads as compensation for the said accident.

4. Before the learned Tribunal, the respondent No.1 remained ex- parte. The respondent No.2 – Shriram General Insurance Company Limited, filed a counter-affidavit, denying all the averments made in the claim petition, including the manner in which the accident took place, age, avocation and income of the petitioner and submitted that the driver of the offending Auto was not holding valid driving licence at the time of accident and further contended that the compensation claimed is excessive and prayed to dismiss the claim petition.

5. Basing on the pleadings and averments made by both the counsels, the learned Tribunal framed the following issues which read as under:

i) Whether on 05.09.2014 at about 7.30 p.m. in front of Knowledge Park, at Arsapally Village Sivar Nizamabad, accident occurred due to rash and negligent driving of Auto bearing No.AP-25-X-5419 by its driver?

ii) Whether Mohammed Ahmed Chawosh received injuries in that accident and died of the injuries?

iii) Whether the petitioners are entitled for compensation? If so, to what amount and from which respondent?

iv) To what relief?

6. After perusing the oral and documentary evidences and going into the entire record and the evidences placed by both the parties, the learned Tribunal allowed the claim in part and granted compensation of Rs.1,30,000/- along with interest @ 7.5% per annum.

7. Being unsatisfied and aggrieved by the meager compensation amount awarded by the learned Tribunal, the present appeal is filed on the ground that the learned Tribunal ignored the evidence placed by the petitioner/claimant, that due to the accident the petitioner sustained fracture injuries to his skull bone, grievous injuries on head, loss of teeth, injuries to right eye, fractures to right knee, right hand, right shoulder, injury to left eye and other injuries all over the body. Learned counsel further contended that as on the date of accident the petitioner was hale and healthy and was aged about 45 years and used to earn Rs.30,000/- per month by working as Carpenter and run