KANUKOLLU VENKATA RAMA MOHANA RAO Vs. MUARAKONDA VENKATESWARA RAO AND ANOTHER
LAWS(APH)-2019-3-132
HIGH COURT OF ANDHRA PRADESH
Decided on March 22,2019

Kanukollu Venkata Rama Mohana Rao Appellant
VERSUS
Muarakonda Venkateswara Rao And Another Respondents




JUDGEMENT

U. Durga Prasad Rao, J. - (1.)It is a sad case vividly demonstrating how the learned Chairman, Motor Vehicle Accidents Claims Tribunal-cum-IX Additional District Judge (FTC), Guntur (for short, 'the Tribunal'), exhibited utter disdain in understanding the nature and gravity of injuries suffered by the petitioner and in evaluating consequent disability and transforming them into just and reasonable compensation.
(2.)Coming to factual side, on 26.04.2005 at about 07:30 p.m. while the petitioner was going towards his house near Budampadu centre on GBC Road, a tractor bearing No.AP 7Q 4350 came from Guntur side, driven by its driver at high speed and in a rash and negligent manner, dashed the petitioner and thereby the front tyre hit the petitioner and he fell down and back tyre ran over his stomach causing severe injuries. Thereby, the petitioner suffered fracture of pelvis, rupture of urinary bladder, injuries to his testicles and other parts of the body. We have the evidence of PWs.2 and 3-doctors with regard to the nature of treatment underwent and the disability suffered by Petitioner and its impact on his life, which we will discuss a little while later. The petitioner, who is an auto driver, filed M.V.O.P. No.652 of 2005 against the respondent Nos.1 and 2, who are the owner and insurer of the tractor, and claimed a total compensation of Rs. 2,00,000/- under different heads on the plea that the accident occurred due to the fault of the tractor driver and it resulted in severe disability and impotency and also affected his earning capacity.
(3.)Respondent No. 1 remained ex parte.
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