THE HON'BLE JUSTICE M.G. PRIYADARSINI
M.A.C.M.A. No. 1779 of 2014
JUDGMENT:
This appeal is filed by the claimant, injured, aggrieved by the order and decree, dated 10.04.2012 made in M.V.O.P.No. 272 of 2006 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-V Additional District Judge (Fast Track Court-II), Warangal (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 166 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 02.01.2000. According to the claimant, on 02.01.2000, while he, being Cleaner, was proceeding on Lorry bearing No. AP 16V 527, owned by respondent No. 1, insured with respondent No. 2, and when the lorry reached Lalithapur in Utter Pradesh, the driver drove the lorry in high speed, lost control over the lorry, applied sudden brakes, as a result of which, the lorry turned turtle. The claimant sustained fracture to shaft femur left. According to the claimant, due to the accident, he sustained permanent disability 2 MGP, J Macma_1779_2014 and therefore, he laid the claim for Rs.1.00 lakh against the respondents towards compensation under different heads.
Before the Tribunal, while the respondent No. 1, owner of the lorry, remained ex parte, respondent No. 2 contested the claim denying the averments of the claim petition and contended that the amount claimed is excessive and prayed for dismissal of the claim petition.
Considering the claim, counter and the evidence, both oral and documentary brought on record, the tribunal has allowed the O.P. in part awarding a sum of Rs. 35,000/- towards compensation payable by both the respondents jointly and severally with interest at 6% per annum. 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. 3
MGP, J Macma_1779_2014 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 even as per Ex.A.3, wound certificate, the claimant had sustained injuries as many as eight and that he was treated as inpatient for a considerable period and therefore, the amounts of Rs.20,000/- towards injuries; Rs.5,000/- towards medicines & extra nourishment; and Rs.10,000/- towards loss of expectation of life and amenities awarded by the tribunal are meager and need to be enhanced. Further, the tribunal failed to award any amount under the head of pain and suffering.
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.
As seen from Ex.A.3, wound certificate, the claimant had sustained eight injuries, which are simple in nature. However, for the reasons best known to the claimant, he has not chosen to 4 MGP, J Macma_1779_2014 examine the doctor, who treated him. Even the claimant has not chosen to file the case sheet to know the details of his treatment. In these circumstances and considering Ex.A.3, which discloses that the claimant has sustained as many as eight injuries, this Court is inclined to enhance the amount awarded by the tribunal for the simple injuries from Rs.20,000/- to Rs.40,000/-. So also, under the head of pain and suffering, this court is inclined to award a sum of Rs.15,000/-. Further, the amount of Rs.5,000/- awarded by the tribunal towards medicines, attendant, transportation charges and extra nourishment is enhanced to Rs.15,000/-. The amount of Rs.10,000/- awarded by the tribunal towards loss of expectation of life, amenities, loss of earnings is not interfered with. Thus, in all, the claimant is granted the compensation of Rs.80,000/- as against Rs.35,000/- awarded by the tribunal.
In the result, the MACMA is allowed in part enhancing the compensation from Rs. 35,000/- to Rs. 80,000/-. The enhanced compensation shall carry interest at 7.5% per annum from the date of filing of the O.P. till the date of realization. The respondents are directed to deposit the amount within two months from the date of 5 MGP, J Macma_1779_2014 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 26.12.2022 TSR 6 MGP, J Macma_1779_2014 THE HON'BLE JUSTICE M.G. PRIYADARSINI M.A.C.M.A. No. 1779 of 2014 DATE:26-12-2022