THE HON'BLE JUSTICE M.G. PRIYADARSINI
M.A.C.M.A. No. 3513 of 2014
JUDGMENT:
This appeal is filed by the claimant, injured, aggrieved by the judgment and decree, dated 04.08.2014 made in O.P.No. 196 of 2010 on the file of the Motor Accident Claims Tribunal-cum-VIII Additional District Judge at Nizamabad (for short, the Tribunal).
For the sake of convenience, hereinafter, the parties are referred to as per their array before the Tribunal.
The claimant filed a petition under Section 163-A of the Motor Vehicles Act claiming compensation of Rs.1.00 lakh for the injuries sustained by him in a motor vehicle accident that occurred on 24.05.2001. According to the claimant, on 24.05.2001, while he was driving the auto trolley bearing No. AP 25T 5394, owned by respondent No. 1 and insured with respondent No. 2, and when the trolley reached infront of Vandemathram School, Ghanpoor, at about 7:30 a.m., he lost control over it, as a result, the trolley turned turtle. He sustained several injuries, including fracture of right leg. Therefore, he laid the claim for Rs.1.00 lakh towards compensation against the respondents.
Before the Tribunal, respondent Nos. 1 & 2, contested the claim denying the averments of the claim petition and contended 2 MGP, J Macma_3513_2014 that the amount claimed is excessive and prayed for dismissal of the claim petition.
Considering the claim, counters and the evidence, both oral and documentary brought on record, the tribunal has allowed the O.P. in part awarding a sum of Rs. 69,000/- towards compensation. Seeking further enhancement of compensation, the claimant approached this Court with the present appeal.
Heard both sides and perused the material available on record.
The finding of the Tribunal with regard to the manner in which the accident took place has become final as the same is not challenged either by the owner or insurer of the vehicle.
The short question that arises for consideration in this appeal is "whether the compensation awarded by the Tribunal is just and equitable"?
The only contention advanced by the learned counsel for the appellant-claimant is that considering the medical evidence and considering the nature of injuries sustained by the claimant, the amount awarded by the tribunal is meagre and needs 3 MGP, J Macma_3513_2014 enhancement. It is further contended that even the amounts granted under the head of transportation, attendant charges and extra nourishment are meagre and needs enhancement.
On the other hand, the learned Standing Counsel for the Insurance Company has contended that considering the nature of injuries and length of treatment, the tribunal has adequately awarded the compensation and therefore, the learned Standing Counsel sought for dismissal of the appeal.
P.W.2, the then Civil Assistant Surgeon, Government Headquarters Hospital, Nizamabad, deposed that the claimant suffered compound fracture of both bones of right leg, fracture of cranial right. Ex.A.3 is the medical certificate issued by P.W.2. As seen from Ex.A.4, discharge summary, the claimant was admitted in Amrutha Laxmi Hospital, Nizamabad on 13.2.2011 for removal of implant and was discharged on 16.02.2011. Thus, considering the medical evidence, it is clear that the claimant had suffered fracture of right leg, which is grievous in nature, apart from other injuries. The evidence also discloses that he was underwent operation and was treated as inpatient for a considerable time. Considering these circumstances, this Court is inclined to award the following amounts under the different heads:- 4
MGP, J Macma_3513_2014
i) Injuries -- Rs.25,000/-
ii) Pain & Suffering -- Rs.20,000/-
iii) Hospital & medical expenses -- Rs.40,000/-
iv) Loss of earnings during treatment-- Rs.9,000/-
v) Transport, attendant charges &
extra nourishment -- Rs.6,000/-
Total Rs.1,00,000/-
Thus, this Court is inclined to enhance the compensation amount of Rs.69,000/- awarded by the tribunal to Rs.1,00,000/-.
In the result, the MACMA is allowed enhancing the compensation from Rs. 69,000/- to Rs. 1,00,000/-. The enhanced compensation shall carry interest at 7.5% per annum from the date of order of the tribunal till the date of realization. The respondents are directed to deposit the amount within two months from the date of receipt of a copy of this order. On such deposit, the claimant is entitled to withdraw the said amount. No order as to costs.
Pending Miscellaneous petitions shall stand closed.
___________________________ JUSTICE M.G. PRIYADARSINI 05.12.2022 TSR 5 MGP, J Macma_3513_2014 THE HON'BLE JUSTICE M.G. PRIYADARSINI M.A.C.M.A. No. 3513 of 2014 DATE:05-12-2022