HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

JUDGMENT:

Dissatisfied with the quantum of compensation awarded by the learned Motor Accidents Claims Tribunal–cum-IX Additional District Judge, Kamareddy (hereinafter referred as ‘the Tribunal’) in O.P.No.57 of 2012, dated 18.12.2014, the petitioner/injured in the said O.P. preferred the present Appeal seeking enhancement of compensation.

2. For the sake of convenience, the parties hereinafter be referred as they were arrayed before the learned Tribunal.

3. The brief facts of the case are that the petitioner/injured filed a petition under Section 166 (1)(a) of the Motor Vehicles Act, 1988 claiming compensation of Rs.1,50,000/- for the injuries sustained by her in a motor vehicle accident that occurred on 08.01.2012. It is stated by the petitioner that on 08.01.2012, when the petitioner was travelling as a pillion rider on Splendor Hero Honda motorcycle bearing No.AP-10-AB-0161 from Kamareddy to Devanpally and when the motorcycle reached in front of Jeevadan Hospital, Kamareddy, the driver of Tractor bearing No.AP-25-X-0216 drove the vehicle in a rash and negligent manner at high speed and dashed against the motorcycle on which the petitioner was proceeding. As a result, the petitioner fell down and sustained multiple injuries viz., (i)

Fracture to right hand, (ii) Comminuted fracture of right shaft femur and (iii) fracture of right foot. Immediately, she was shifted to Gandhi Hospital, Secunderabad for treatment and later admitted as inpatient and took treatment in Sri Rama Nursing Home, Kamareddy from 08.01.2012 to 19.01.2012 and underwent major operation for the injuries sustained by her and during the course of operation, nails were fixed for the said fracture injuries and the petitioner incurred a sum of Rs.1,00,000/- towards her treatment.

4. It is submitted by the petitioner that he used to do beedi rolling work and used to earn Rs.10,000/- per month. Due to the alleged accident, the petitioner became permanently disabled and unable to do her routine work. As the accident occurred due to the rash and negligent driving of the driver of Tractor bearing No.AP-25-X-0216, she filed claim petition seeking compensation of Rs.1,50,000/- against respondent No.1, being the owner of subject Tractor and respondent No.2, being the insurer of the crime Tractor.

5. Before the Tribunal, respondent No.1/owner of Tractor bearing No.AP-25-X-0216 remained ex-parte.

6. Respondent No.2/Insurance Company filed its counter denying the averments made in the claim petition including, rash and negligent driving of the driver of crime Tractor, injuries sustained by the petitioner, expenditure incurred by the petitioner for treatment and also contended that the alleged incident was occurred only due to the rash and negligent driving of the driver of motorcycle.

7. Based on the above pleadings, the learned Tribunal had framed the following issues for trial:-

(i) Whether the incident happened due to rash and negligent driving of the driver of the tractor bearing No.AP-25-X-0216?

(ii) Whether the petitioner is entitled to compensation amount. If so, from whom and to what amount? (iii) To what relief?

8. In order to substantiate her case, the petitioner/injured examined herself as PW1, got examined PW2, Orthopedic Surgeon and got marked Exs.A1 to A13 on her behalf. On behalf of respondent No.2/Insurance Company, no oral or documentary evidence was adduced.

9. After considering the entire evidence and documents available on record, the learned Tribunal had partly allowed the claim petition by awarding a sum of Rs.1,20,000/- towards compensation along with interest @ 7.5% per annum from the date of petition till the date of realization. Having not satisfied with the compensation awarded, the claim petitioner/injured preferred the present Appeal seeking enhancement of the same.

10. Heard Sri Akkam Eshwar, learned counsel for the Appellant/injured as well as Sri A.V.K.S.Prasad, learned Standing Counsel for Respondent No.2/Insura