THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO
M.A.C.M.A.No.3106 of 2012
JUDGMENT:
Aggrieved by the impugned award and order passed in M.V.O.P.No.282 of 2009, on the file of the Motor Vehicles Accident Claims Tribunal-cum-I Additional District Judge, Chittoor, whereby the Tribunal awarded an amount of Rs.3,78,552/- towards total compensation to the claimant against the respondent, this instant appeal is preferred by the claimant towards enhancement of compensation.
2. For the sake of convenience, both the parties in the appeal will be referred to as they are arrayed in the claim application.
3. The aforesaid M.V.O.P.No.282 of 2009 was filed by the claimant, under Section 166 (1) (a) of Motor Vehicles Act, 1988 claiming compensation of Rs.12,00,000/- for the injuries sustained by him in a motor vehicle accident occurred on 30.10.2008.
4. The brief averments of the claim petition are as follows: 2
On 30.10.2008 at about 7:00 a.m., while the petitioner was returning from Kallur on his TVS XL-Super bearing No.AP 03/P 4674 and reached near Lord Vinayakaswamy temple, Erasanipalle on Kallur-Pulicherla road, the driver of A.P.S.R.T.C. bus bearing No.AP 10/Z 6112, proceeding towards Kallur, drove the same in a rash and negligent manner and dashed against the petitioner's TVS XL-Super moped, due to which the petitioner fell down from the moped and sustained multiple injuries all over his body and became unconscious. Immediately, the petitioner was shifted to Government hospital, Piler. After first aid, the petitioner was shifted to SVIMS Hospital, Tirupati and from there to Rama Devi Super Speciality Hospital, Tirupati, and from there he was shifted to CMC Hospital, Vellore and the petitioner was treated as an inpatient approximately for a period of three months. A case in Crime No.79 of 2008 was registered against the driver of the offending vehicle A.P.S.R.T.C. bus bearing No.AP 10/Z 6112. After completion of investigation, Sub-Inspector of Police, Kallur Police Station laid a Charge Sheet against the driver of the offending vehicle A.P.S.R.T.C. bus.
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5. The respondent filed a written statement with a plea that the claimant is not entitled compensation as claimed by the petitioner.
6. Based on the above pleadings of both the parties, the Tribunal framed the following issues for trial:
1. Whether the accident was caused due to the rash and negligent driving of the driver of A.P.S.R.T.C. bus bearing No.AP 10/Z 6112 or the petitioner himself while riding on TVS XL-Super bearing No.AP 03/P 4674?
2. Whether the petitioner is bad for non-joinder of necessary party?
3. Whether the petitioner is entitled for any compensation?
7. During the course of enquiry, on behalf of the claim petitioners, P.Ws.1 to 3 were examined and got marked Exs.A1 to A10. On behalf of respondent, no evidence was adduced.
8. At the culmination of the enquiry, on appreciation of the entire evidence on record, the Tribunal awarded an amount of 4 Rs.3,78,552/- with interest at the rate of 7.5% per annum to the claimant towards total compensation against the respondent. Aggrieved thereby, the claimant filed this instant appeal for enhancement of compensation.
9. Heard Ms. C.Jhansi Rani, learned counsel for the appellant and Sri K.Viswanatham, learned Standing Counsel for A.P.S.R.T.C./respondent.
10. Now, the points for determination are:
1) Whether the order passed by the Tribunal needs any interference?
2) Whether the claimant is entitled for enhancement of compensation as prayed for?
POINTS:
11. The case of the claimant is that while he was returning from Kallur on TVS XL-Super bearing No.AP 03/P 4674, at the time, the driver of A.P.S.R.T.C. bus bearing No.AP 10/Z 6112 drove the same in a rash and negligent manner and dashed the petitioner's two wheeler, due to that the petitioner fell down from his moped and sustained multiple injuries all over the 5 body. In order to prove the rash and negligent driving of the driver of A.P.S.R.T.C. bus, the claimant himself examined as P.W.1. The petitioner also relied on Ex.A1-Certified Copy of First Information Report and Ex.A2-Certified Copy of the Charge Sheet. On considering the entire material on record, the Tribunal came to conclusion that the accident in question occurred due to rash and negligent driving of the driver of the A.P.S.R.T.C. bus, in which the petitioner sustained severe injuries. I do not find any legal flaw or infirmity in the said finding given by the Tribunal. Therefore, there is no need to interfere with the above finding given by the Tribunal.
12. Coming to the compensation, the material on record reveals that the petitioner sustained seven injuries from out of which two injuries are grievous in nature and other injuries are simple in nature. As stated supra, the petitioner was admitted as an inpatient approximately for a period of three months. P.W.2 is an Associate Professor in ENT Department, SVRRGG Hospital, Tirupati. P.W.3 is a Neuro Surgeon in CMC Hospital, Vellore who treated the petitioner. On considering the evidence of P.Ws.2 and 3 and also considering EXs.A6 and A7-the bunch of medical bills and 6 Ex.A8-Discharge Summary, the Tribunal awarded an amount of Rs.2,58,552/- towards total medical expenses and on considering the simple and grievous injuries sustained by the petitioner, the Tribunal awarded rightly an amount of Rs.55,000/- towards pain and suffering. On considering the material on record, the Tribunal awarded an amount of Rs.10,000/- towards transport charges to go to CMC Hospital, Vellore and Sri Rama Devi Multi Super Specialty Hospital, Tirupati, an amount of Rs.10,000/- towards attendant charges, an amount of Rs.10,000/- towards extra nourishment of food, an amount of Rs.10,000/- towards loss of earnings and an amount of Rs.25,000/- towards future treatment. In total, the Tribunal awarded an amount of Rs.3,78,552/- under the various heads. The material on record reveals that the petitioner was sustained severe fractures in a road accident. The petitioner sustained seven injuries from out of which two injuries are grievous in nature and other injuries are simple in nature. After the accident, the petitioner was shifted to Government hospital, Piler. After first aid, the petitioner was shifted to SVIMS Hospital, Tirupati and from there to Rama Devi Super Specialty Hospital, Tirupati, from there he was 7 shifted to CMC Hospital, Vellore and the petitioner was treated as an inpatient approximately for a period of three months. On considering the material on record, I am of the considered view that the amount of compensation awarded under the above heads is quite just and reasonable.
13. Learned counsel for the appellant would submit that the evidence of P.W.2 clearly goes to show that the petitioner is suffering with permanent disability of 68%. Ex.A10-Disability Certificate reveals the same, but the Tribunal discarded the evidence of P.W.2 and Ex.A10. The material on record reveals that the petitioner is suffering with disability of hearing. The same is supported by P.W.2 and Ex.A10, which is supported by discharge summary issued by the Hospital authorities. The law is well settled that the disability to a particular limb i.e., ear is not a disability to the whole body. Therefore, on considering the entire material on record, I am of the considered view that the petitioner sustained disability of 10% only, on account of the injuries sustained in a road accident. On considering the entire material on record, I am of 8 the considered view that the notional income of the petitioner is arrived at Rs.30,000/- per annum. The relevant multiplier applicable to the age group of the petitioner is '18'. Therefore, the petitioner is entitled an amount of Rs.54,000/- (Rs.30,000/- x 10% X18) towards 10% permanent disability sustained by the petitioner. In total, the claimant is entitled an amount of Rs.4,32,552/- towards total compensation.
14. In the result the appeal is partly allowed, the claim amount granted by the Tribunal is enhanced from Rs.3,78,552/- to Rs.4,32,552/-, consequently the appellant/claimant is entitled enhanced compensation of Rs.54,000/- with interest at the rate of 6% per annum from the date of petition till the date of realization. The respondent/A.P.S.R.T.C. is directed to deposit the enhanced compensation of Rs.54,000/- with interest at the rate of 6% per annum within two months from the date of this Judgment. On such deposit, the appellant/claimant is entitled to withdraw the same with interest thereon. There shall be no order as to costs.
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As a sequel, miscellaneous petitions, if any pending, shall stand closed.
____________________________________ JUSTICE V.GOPALA KRISHNA RAO Dt.13.10.2023 ANI 10 188 THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO M.A.C.M.A.No.3106 of 2012 Dt.13.10.2023 ANI