MACMA/1757/2016 of SHAIK MASTAN, WEST GODAVARI DIST Vs GUGGILLA RAMESH, VJA, KRISHNA DIST & 2 OTHERS

1 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.No.1757 of 2016 JUDGMENT: 1. Shaik Mastan (hereinafter referred to as “the claimant”) who is the petitioner before the Motor Accident Claims Tribunal-cum-I Additional District Judge, Eluru, West Godavari District (for short “the MACT”) in O.P.No.124 of 2004 feeling aggrieved by the Award and Decree dated 13.12.2006 filed the present appeal questioning the quantification of compensation done at Rs.58,000/- as against the claim made for Rs.1,50,000/-. 2. Respondent No.1 is the driver. Respondent No.2 is the owner of the lorry bearing No.AP 16 U 6348 (hereinafter referred to as “the offending vehicle”). Respondent No.3 is the insurance company. 3. Claim petition is filed contending that: (i) the claimant was aged „35‟ years. (ii) earning Rs.3,000/- per month by running mobile canteen at old Bus Stand, Eluru. (iii) Met with an accident that occurred on 27.02.2003 at about 05:15 A.M, near Lakshmi Rice Mill, Eluru, within the limits of Traffic Police Station, Eluru, due to rash and negligent driving of the offending vehicle by its driver. (iv) Claimant suffered three grievous injuries. (v) Expenditure of Rs.20,000/- incurred