IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD
HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
C.M.A.No.382 of 2003 DATE:01.07.2010 Between:
Alla Hanumayamma And:
Kamisetty China Kesavulu and another.
…… Appellant …..Respondents
HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
C.M.A.No.382 of 2003 JUDGMENT:
Dissatisfied with quantum of compensation awarded by Motor Accidents Claims Tribunal-cum-II Additional District Judge, Guntur, the injured/petitioner filed the appeal. The insurance company did not file any appeal against the award passed by the lower Tribunal. The lower Tribunal awarded compensation of Rs.41,000/- to the petitioner under the heads of medical expenses, extra nourishment and special diet, pain and suffering and loss of earning power. The petitioner is stated to be a vegetable vendor. The petitioner did not file copy of wound certificate issued by any medical officer to prove injuries sustained by her. The petitioner did not lead any evidence to show her avocation muchless her income. P.W-2 who is a doctor deposed that P.W-1 was treated conservatively. According to him, P.W-1 was having displacement of lumbar disc. No operation was conducted on the claimant. In spite of it, P.W-2 goes to the extent of estimating disability of the claimant at 35% to 40% in generous way. Having regard to the evidence adduced by the claimant in the lower Tribunal, this Court is of the opinion that amount of Rs.41,000/- granted by the lower Tribunal to the appellant is more than appropriate.
2) Hence, the appeal is dismissed with costs.
SAMUDRALA GOVINDARAJULU, J July 1, 2010 KSH