THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.1261 OF 2003 DATED 12-8-2010 BETWEEN: Tamma Venkata Butchi Reddy Appellant & M/s.Lanco Ferro Ltd. rep. by its MD & another Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.1261 OF 2003 JUDGMENT: This appeal is filed by the claimant aggrieved by the award dated 20-11-2002 passed in MVOP No.80 of 1999 by the Motor Accidents Claims Tribunal-cum-III Addl. District Judge, Guntur. The claimant- appellant herein initially made a claim for Rs.2 lacs and subsequently by way of amendment petition enhanced the claim for Rs.5 lacs for the injuries sustained by him in the motor accident involving the lorry bearing registration No.APO 3T 7506 on 11-12-1998. 2. The facts stated are:- on the fateful day the claimant started in a Maruthi Car bearing registration no.TIF 8403 from Madras to go to Tenali and at Akkapet village he stopped the car behind a stationed lorry. That at that time the accident lorry came from behind at a high speed without observing traffic rules and dashed against the car of the claimant as a result of which he received fracture injury to his right thigh bone and right elbow and the flesh was crushed at right elbow. That the claimant was shifted to Appolo Hospital at Madras and his left elbow was operated and skin drafting was also done. To prove the accident, the claimant filed Ex.A-1 copy of FIR and Ex.A-2 copy of charge sheet and examined himself as PW-1 and another witness PW-2 doctor. 3. As to the culpability in causing the accident, the Tribunal on evidence held that the driver of the accident lorry was at fault, which is supported by the evidence of PW-1, coupled with Exs.A-1 and A-2, hence the said finding reached by the Tribunal does not warrants any interference. Coming to the question of award of just compensation, the Tribunal as against the claim for Rs.5 lacs awarded Rs.1,35,351/- with interest at 9% per annum from the date of petition till the date of deposit. Aggrieved by the same this appeal is filed by the claimant. 4. Heard the learned counsel for the claimant-appellant and the learned counsel for the respondent-insurance company. Perused the impugned award passed by the Tribunal. 5. Learned counsel for the claimant strenuously contended that the Tribunal grossly erred in holding that the claimant failed to adduced any evidence with regard to his educational qualification, avocation and monthly income and not awarding any amounts towards loss of future earnings. Learned counsel also stated that the Tribunal failed to consider Ex.A-4 letter from KRD business to the claimant and Ex.A-7 letter issued by the same business and Ex.A-8 receipt issued by the Department of Plastic Surgery, Appolo Hospital, Chennai, in awarding just compensation. On the other hand, learned counsel for respondent- insurance company made submissions in support of the impugned award. 6. It is seen from the record that the claimant was aged around 27 years as on the date of the accident. Though the letters under Ex.A-4 and A-7 did not bear signature of the authorized person, it was an oversees business firm stated to be situate at UK under those circumstances even if his avocation was not held to be proved, his income ought to have been fixed having regard to the minimum wages commensurate with his educational qualifications. It has come in the evidence of PW-2 doctor that the claimant suffered 20% disability. This evidence of PW-2 was also not taken note by the Tribunal. 7. In the circumstances, the matter is remanded to the Tribunal for determination of just compensation awardable to the claimant. The Tribunal shall make use of the evidence already available on record and dispose of the matter in accordance with law as early as possible as the MVOP pertains to the year 1999. It is open to the claimant to file additional evidence in support of his claim. The appeal is accordingly allowed the impugned award of the Tribunal is set aside to the extent indicated above. No costs. _______________________ Ghulam Mohammed, J Dated 12-8-2010 Nrg. THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.1261 OF 2003 12-8-2010