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2007 DIGILAW 369 (AP)

POTTA SANKARANARAYANA v. YORRA RAMULU ALIAS RAMU

2007-04-04

B.PRAKASH RAO

body2007
( 1 ) THE appellant, who is the injured claimant, filed this appeal not satisfied with the compensation awarded in the judgment and decree dated 10-8-2001 in o. P. No. 157 of 1999 on the file of the motor Accident Claims Tribunal-cum-District judge, Vizianagaram, inter alia, seeking for enhancement of compensation on the ground that the quantum arrived at by the court below in a claim under Section 166 of the Motor Vehicles Act, 1988 (for short the Act) is too meager. ( 2 ) BRIEFLY stated the facts of the case are that on 13-9-1998 at 11. 00 p. m. , when the claimant was waiting in the bus stand near Kothapeta Water Tank, a Scooter bearing No. AP 35 9697 driven by the first respondent came at high speed without blowing horn from Vizianagaram to nellimarla side and dashed the claimant from behind while the claimant was walking on the left side of the road. Immediately he fell down and sustained injuries on his left buttock, left hand and let foot He was taken to Dr. A. Sreeramamurthy Private hospital and later he was taken to government Hospital, Vizianagaram. He was unable to move from the bed for nearly four months. He suffered for loss of earnings and pain and suffering. He used to get rs. 1,000/- (Rupees one thousand only) per month apart from other income. Hence, the claim. ( 3 ) THE owner and the driver of the vehicle remained ex parts and National insurance Company contested the claim inter alia denying the rashness and negligence on the part of the driver and also the quantum of compensation. With this and other allegations, the Court below framed the issues and the parties went to trial, where the claimant examined himself as p. W. I and also examined P. W. 2 Dr. A. Sreeramamurthy and marked Exs. A. 1 to a. 6 and Exs. X1 and X2. On behalf of the respondents, no one was examined but ex. Bl, copy of the Insurance policy was marked. ( 4 ) TAKING into consideration the aforesaid evidence, the Court below found that there was rashness and negligence on the part of the driver of the scooter and ultimately taking the age of the deceased and the other factors into consideration, awarded a sum of Rs. 21,000/- (Rupees twenty one thousand only) with interest at 9% per annum. ( 4 ) TAKING into consideration the aforesaid evidence, the Court below found that there was rashness and negligence on the part of the driver of the scooter and ultimately taking the age of the deceased and the other factors into consideration, awarded a sum of Rs. 21,000/- (Rupees twenty one thousand only) with interest at 9% per annum. Hence this appeal. ( 5 ) HAVING heard the learned Counsel on either side and also on perusing the material on record, in my view, the only point that arises for consideration in this appeal is whether the amount awarded by the Court below is just and reasonable. ( 6 ) AS already said there is no serious dispute with regard to the events, which have lead to the filing of the present claim. The claim is for injuries of the aforesaid accident and as a result of which, the appellant sustained grievous injuries and the extent of disability according to PW-2, doctor is almost 20%. The appellant is a practising lawyer with one year standing and was getting Rs. . l,000/- (Rupees one thousand only) per month. Having regard to the facts and circumstances and also taking into account the disability, the Court below awarded a sum of Rs. 21,000/- (Rupees twenty one thousand only) under various other heads. ( 7 ) HAVING regard to the nature of profession, it can safely be taken that necessarily there would have been good future and therefore, in may considered view the amount granted by the Court below is not just and reasonable amount. Therefore, a sum of Rs. 25,000/- (Rupees twenty five thousand only) towards loss of future earnings, excluding the amount already granted, will meet the ends of justice. ( 8 ) ACCORDINGLY, the civil miscellaneous appeal is allowed in part and the claimant is entitled to further sum of Rs. 25,000/- (Rupees twenty five thousand only) towards future earnings in addition to the amount, which has already awarded by the Court below, together with interest at 8% per annum from the date of petition till the date of realization. .