THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
M.A.C.M.A. No.3011 of 2017
ORDER:
This Motor Accidents Civil Miscellaneous Appeal is filed by the injured appellant/claimant against the compensation awarded by the Motor Accidents Claims Tribunal- cum-Principal District Judge, Nalgonda (for short "the Tribunal") in O.P.No.427 of 2015 dated 31.05.2017.
2. The learned counsel for the appellant/claimant submits that the appellant/claimant sustained injuries in the motor vehicle accident that occurred on 10.06.2015 and sustained fracture of right femur, fracture of the right 2nd , 3rd, 4th and 5th Metatarsal with laceration over dorsum foot. The claimant had claimed compensation of Rs.12,00,000/- (Rupees Twelve lakhs only), whereas, the Tribunal has granted Rs.6,92,113=00 (Rupees Six lakhs ninety two thousand one hundred and thirteen only). Seeking enhancement of the compensation, the present appeal is filed.
3. The learned counsel for the appellant submits that the injured is an agriculturist and also owner of a Tractor and he was not only cultivating agricultural fields in his village but PMD,J MACMA.No.3011 of 2017 2 was also utilising the tractor for use of others and due to the said accident, the appellant sustained grievous injuries and is not able to attend to his work. It is therefore pleaded that his income should be adopted at Rs.25,000/- per month as against Rs.5,000/- per month adopted by the Tribunal. He further submits that though the Medical Board assessed the disability of the claimant at 45%, the Tribunal has awarded the compensation towards disability @ 30% only. He also submits that there was no compensation awarded towards loss of future prospects and the interest was also granted only @ 7% instead of 7.5%. He thus seeks enhancement of the compensation.
4. The learned counsel for the Insurance Company is also heard, who vehemently opposed the enhancement. He submitted that the Tribunal has granted reasonable compensation and there is no need for enhancement of the compensation.
5. Having regard to the rival contentions and the material on record, it is seen that the appellant is the owner of Ac.6.00 cents of land and also the owner of a Tractor bearing No.AP 24 AG 8609. Therefore, there is every possibility that in addition to doing agriculture, he was also using his Tractor to earn additional income. But the Tribunal has only considered PMD,J MACMA.No.3011 of 2017 3 his earnings at Rs.5,000/- (Rupees Five thousand only) per month on the ground that the claimant has not proved his income properly. The Tribunal ought to have considered additional income that the claimant would have earned through Tractor and agriculture. Therefore, this Court deems it fit and appropriate to adopt a sum of Rs.8,000/- (Rupees Eight thousand only) per month as his monthly income. In view of the disability certificate issued by the Medical Board, the compensation towards his disability is to be awarded at 45% as against 30% awarded by the Tribunal.
6. The interest on the compensation is to be paid @ 7.5% as against 7% awarded by the Tribunal. Therefore, the enhanced compensation is directed to be paid with interest @ 7.5% from the date of the petition till the date of realization. The learned counsel for the appellant/claimant seeks compensation towards future prospects @ 40% stating that the injured is below 40 years. In view of the judgment of the hon'ble Supreme Court in the case of National Insurance Company Limited vs Pranay Sethi, 2017 (6) 170 (SC) it is held that the petitioner is eligible for compensation @ 40% towards loss of future prospects. It is ordered accordingly.
PMD,J MACMA.No.3011 of 2017 4
7. In the light of the abovementioned discussion, the appellant is entitled to the following amounts:
Sl.No. Head Compensation awarded
1. Income
Rs.8,000/- per month
2. Future Prospects
Rs.3,200 (40% of the income)
3. Multiplier applied by the
Tribunal 16
4. Loss of future earnings due to
continuing permanent Rs.9,67,680/- (11,200x12x45%x16)
disability
5. Transport to hospital as
awarded by the Tribunal Rs.5,000/-
6. Extra nourishment and
medical expenses as awarded Rs.3,94,113/-
by the Tribunal
7. Damages to clothes and
Motor cycle as awarded by Rs.5,000/-
the Tribunal
Total compensation
awarded Rs.13,71,793/- along with interest @
7.5% per annum from the date of
filing of the claim petition till
payment.
PMD,J
MACMA.No.3011 of 2017
5
8. In the result, the award dated 31.05.2017 in O.P.No.427 of 2015 on the file of Motor Accidents Claims Tribunal-cum-Principal District Judge at Nalgonda is modified by awarding a total compensation of Rs.13,71,793/- (Rupees thirteen lakhs seventy one thousand seven hundred and ninety three only) with costs and interest thereon at 7.5% per annum from the date of the claim petition till the date or realisation against both the respondents jointly and severally. As the compensation payable to the claimant as per law was found to be higher than the original claim of Rs.12,00,000/-, the enhanced compensation of Rs.1,71,793/- is granted subject to payment of Court fee on such enhanced compensation. The insurance company is directed to deposit the compensation amount awarded within 90 days from the date of receipt of a copy of this judgment. On such deposit, the claimant is permitted to withdraw the same without furnishing any security.
9. The appeal is accordingly partly allowed. No costs.
PMD,J MACMA.No.3011 of 2017 6
10. Pending miscellaneous petitions, if any, shall stand closed.
_____________________ P.MADHAVI DEVI, J Date:17.08.2022 Krl PMD,J MACMA.No.3011 of 2017 7 THE HONOURABLE SMT JUSTICE P. MADHAVI DEVI MACMA No. 3011 OF 2017 Date:17.08.2022 krl