MACMA/1051/2016 of KASINAKOTA MANIKYALA RAO Vs MASTA KHAN & ANR

MACMA No.1051 of 2016 THE HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.No.1051 of 2016 JUDGMENT: 1. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 by the claimant in M.V.O.P.No.835 of 2009 on the file of Motor Accident Claims Tribunal-cum-II Additional District Judge, Guntur (for short “the MACT”) seeking enhancement of quantum of compensation awarded by the learned MACT in a sum of Rs.53,000/- as against a claim made for an amount of Rs.2,00,000/-. Case of Claimant / Appellant : 2(i). Appellant/claimant is driver of lorry bearing No.AP 05 U 1917. On the date of accident i.e. on 18.06.2009 with a load of gas cylinders he started at Kondapalli Village to go to Chirala, when the said lorry crossed Budampadu Village at about 12:00 midnight, a lorry bearing No.AP 07 W 1882 (hereinafter refer to as offending vehicle) came in opposite direction in rash and negligent manner in a zigzag way and hit the lorry in which the claimant was traveling on its right side. As a result, the claimant was struck in cabin and sustained fracture injuries to right thigh, right leg above knee, and right knee, bleeding injuries to the right leg, thumb finger, right MACMA N