THE HON’BLE SRI JUSTICE B.N.RAO NALLA C.M.A No.3924 of 2002 Date: 17-06-2010 Between: Chavala Venkateswarlu, Guntur District. ………..Petitioner Y.Ramalingeswar Rao, Guntur District and another. ……….Respondent THE HON’BLE SRI JUSTICE B.N.RAO NALLA C.M.A No.3924 of 2002 JUDGMENT: This appeal is filed by the petitioner in O.P.No.30 of 1989, dated 11.7.1994 on the file of the Court of the District Judge, Ongole. The injured-claimant filed a claim petition under Section 110 (A) of the Motor Vehicles Act claiming compensation of Rs.50,000/- against which, the learned District Judge granted an amount of compensation of Rs.7,500/-. Aggrieved by the said award, the claimant filed the present appeal seeking enhancement of the amount awarded under no fault liability. The brief facts of the case are as follows: On 18-7-1988, the claimant got into the lorry bearing No.AP G 3413 at Ongole to go to Marthur and paid Rs.10/- to the driver of the said lorry towards fare. Due to rash and negligent driving of the driver of the lorry, it dashed another lorry bearing No.TAL 4348, which was running ahead the lorry A.P.G 3413 in Guntur Road near Throvagunta Village. In the said accident both the lorries were damaged besides causing injuries to the persons sitting in the cabin of the lorry AP G 3413 including the claimant. Immediately, the claimant was taken to the Government Hospital, Ongole where he remained as an inpatient for more than three months i.e., from 18-7-1988 to 20-10-1988. He received injuries allover his body and sustained permanent disability. The three fingers of his left foot including thumb were amputated. Due to restriction of movements of waist, the petitioner is unable to move about from the bed and due to loss of fingers, he could not wear the shoe and walk. The accident occurred solely due to the rash and negligent driving of the driver of the lorry A.P G 3413, which was under the insurance coverage of the second respondent. I have heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents. The learned counsel appearing for the appellant submitted that the accident had taken place prior to the amendment of the Motor Vehicles Act on 14.11.1994. But the appellant in his claim petition stated that he was travelling by the accident lorry along with a load of empty gunny bags. However, the lower Tribunal disbelieving him, awarded Rs.7,500/- under no fault liability. It is to be stated that it is only after the 1994 amendment that the owner of goods is entitled to claim compensation. However, appellant is not entitled to claim anything, if the accident takes place prior to 1994 amendment, despite his contention that he was travelling along with the goods in a goods vehicle. Therefore, the relief prayed for in the appeal i.e., claiming enhancement of compensation under no fault liability cannot be sustained. In the circumstances, the appeal fails and the same is hereby dismissed. No costs. _________________________ JUSTICE B.N.RAO NALLA Date:17.06.2010 mrb