HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
M.A.C.M.A. No. 1625 of 2014
JUDGMENT:
Being dissatisfied with the order and decree passed by the Chairman, Motor Accident Claims Tribunal-cum-V Additional District Judge, (II Fast Track Court), Warangal in M.V.O.P.No.179 of 2011 dated 21.03.2013, the appellant/petitioner has filed the present appeal.
2. For the sake of convenience, the parties have been referred to as arrayed before the Tribunal.
3. Brief facts of the petitioner's case are that on 27.04.2009 in the evening hours he went to Regonda bus stage in order to go to Mandamarri and stayed in bus stand. At about 18-00 hours when he was trying to board the RTC bus bearing No. AP 10 Z 3052, the driver of said bus moved it in rash and negligent manner with high speed, due to which he fell down on the road and back tyre of said bus passed over on his left leg. Immediately he was shifted to Parkal Government Hospital and as per the advise of the doctors, he was shifted to MGM Hospital, Warangal for better treatment. He sustained fracture of left leg knee fibula and other injuries all over the 2 MGP,J Macma_1625_2014 body. During the course of treatment, he underwent an operation performed by Dr.P.Ramesh, Plastic Surgeon on 15.5.2009. He incurred Rs.1,00,000/- towards medical expenses and extra nourishment and also lost his earnings during the treatment. After discharge he spent huge amount towards physiotherapy treatment. Due to grievous injury on left leg, he got permanent disability and unable to attend his regular duties, natural calls even with the assistance. Thus, he claimed compensation of Rs.2,00,000/- under various heads.
4. Respondent-Corporation filed counter disputing the manner of accident, age, avocation, earning capacity and the nature of injuries sustained by the petitioner. It is further contended that the compensation claimed by the petitioner is highly excessive.
5. Based on the above pleadings, the Tribunal framed the following issues:
1. Whether the accident took place due to rash and negligent driving of vehicle bearing No. AP 10 Z 3052 (APSRTC Bus) driven by its driver as per Section 166 of M.V. Act?3
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2. Whether the petitioner is entitled for compensation, if so, to what amount and from whom?
3. To what relief?
6. In order to prove the issues, PWs.1 to 3 were examined and Exs.A1 to A8 and Exs.X1 and X2 were marked on behalf of the petitioner. On behalf of respondent, no oral or documentary evidence was adduced.
7. Considering the oral and documentary evidence available on record, the Tribunal has awarded an amount of Rs.45,000/- towards compensation to the appellant-claimant against the respondent-Corporation along with costs and interest @ 6% per annum from the date of filing of the original petition till the date of deposit or realization.
8. Heard the learned Counsel for the appellant/claimant and the learned Standing Counsel for the respondent- Corporation. Perused the material available on record.
9. The learned Counsel appearing on behalf of appellant/ claimant submitted that although the claimant established the fact that the petitioner sustained disability due to the injuries 4 MGP,J Macma_1625_2014 caused in a motor accident, the Tribunal awarded meager amount.
10. The learned Standing Counsel appearing on behalf of respondent-Corporation submitted that the Tribunal after considering the oral and documentary evidence available on record has awarded adequate compensation and the same needs no interference by this Court. Therefore, the learned counsel sought for dismissal of the appeal.
11. With regard to the manner of accident, there is no dispute. However, after evaluating the evidence of PW-1 coupled with the documentary evidence produced by him, the Tribunal rightly held that the petitioner has received injuries in a motor vehicle accident which occurred due to the rash and negligent driving of the APSRTC Bus bearing No.AP 10 Z 3052.
12. With regard to the quantum of compensation is concerned, according to the petitioner, he sustained left leg knee fracture on fibula and other injuries all over the body. PW-3 Dr.P.Vijayachander Reddy, the then Professor of 5 MGP,J Macma_1625_2014 Orthopaedics in MGM Hospital, Warangal shows that the petitioner admitted in their hospital on 27.4.2009 with (i) degloving injury left lower thigh and knee and ii) fracture of neck of fibula left and both the above injuries are grievous in nature. Further he was referred to Plastic Surgeon for injury No.One and he was discharged from the said hospital on 3.5.2009.
13. PW-2 Dr.P.Ramesh, the then Assistant Professor of Plastic Surgery, MGM Hospital, Warangal deposed that on 11.5.2009 the petitioner was admitted in male Plastic ward of MGM Hospital, Warangal with post traumatic raw area over left popliteal region and regular dressings were done in the ward and skin grafting was done under spinal anesthesia on 15.5.2009 and post operative care and dressings were done, for that graft taken was 100% and the patient was discharged on 25.5.2009. Ex.X-1 case sheet issued by MGM Hospital shows the same facts as deposed by PW-2. Ex.X-2 discharge summary issued by MGM Hospital, Warangal shows the same facts as deposed by PW-3. Therefore, considering the evidence of PWs.1 to 3 coupled with documentary evidence available on record, the Tribunal awarded an amount of Rs.30,000/- for 6 MGP,J Macma_1625_2014 two grievous injuries and for pain and sufferance, an amount of Rs.5,000/- towards medical expenses, attendant, extra nourishment and transportation charges and Rs.10,000/ towards loss of expectation of life, amenities, loss of pleasure and loss of earnings, if any, which appears to be very meager. Therefore, this Court is inclined to award the compensation under the following heads as mentioned below:
Sl. No. Description Amount awarded
01. For two grievous injuries @ Rs. 50,000-00 Rs.25,000/- for each grievous injury
02. Medical bills Rs. 1,660-00
03. Pain and sufferance Rs. 20,000-00
04. Extra nourishment, transport Rs. 15,000-00 and attendant charges
05. Loss of earnings @ Rs.4,500/- Rs. 18,000-00 for four months Total: Rs.1,04,660-00 Thus in all the petitioner has been awarded an amount of Rs.1,04,660/- under all counts.
14. In the result, the M.A.C.M.A. is partly allowed by enhancing the compensation amount awarded by the Tribunal from Rs.45,000/- to Rs.1,04,660/-. The enhanced amount 7 MGP,J Macma_1625_2014 shall carry interest at 7.5% p.a. from the date of petition till the date of realization, payable by respondent-Corporation. The amount shall be deposited within a period of one month from the date of receipt of a copy of this order. On such deposit, the claimant is at liberty to withdraw the same without furnishing any security. No costs.
Miscellaneous petitions, if any pending, shall stand closed.
______________________ M.G.PRIYADARSINI,J 26.12.2022 pgp