The present appeal is filed by the appellant/claimant
against the Judgment and decree dated 22.10.2017 in
O.P.No.1424 of 2006 passed by the learned VII Additional
Metropolitan Sessions Judge – cum – Additional Chief Judge,
Hyderabad, (for short, ‘the learned Tribunal’) seeking
enhancement of the compensation awarded by the learned
Tribunal.
2. For the sake of convenience, the parties hereinafter are
referred to as they were arrayed before the learned Tribunal.
BRIEF FACTS:
3. The brief facts of the case as can be seen from the record
are that on 21.01.2006 at about 9.00 a.m., the claimant was
proceeding towards Balkpur village on his cycle along with
VRKR,J
MACMA_5189_2008
Guava fruits for selling the same to the customers. When he
reached near Gopanpally gate, a lorry bearing registration
No.ATS 6957 (hereinafter referred to as ‘the offending vehicle’)
belonging to respondent No.1 came in rash and negligent
manner and hit the cycle of the claimant, as a result, he fell
down and sustained multiple injuries and fractures. The
claimant was shifted to Osmania Government Hospital, wherein
he was admitted as inpatient from 21.01.2006 to 15.03.2006.
Skin grafting was done on the left knee and he was discharged
on 15.03.2006. The claimant alleged to have spent an amount
of Rs.25,000/-towards extra nourishment, medicines and
attendant charges and he was earning Rs.4,500/- per month
and on account of the fracture on the left hip and compound
fractures of the left leg, he is not able to walk, sit, squat or
climb the stairs and he lost his earning capacity. Based on the
information received, the Police Karankote registered a case in
Cr.No.9 of 2006 under section 337 of the IPC against the driver
of the offending vehicle and after completion of investigation
charge sheet was laid. Since the offending vehicle belongs to
respondent No.1 and insured with respondent No.2, the
claimant sought compensation of Rs.5,50,000/-.
