THE HON'BLE JUSTICE M.G. PRIYADARSINI
M.A.C.M.A. No. 1734 of 2014
JUDGMENT:
This appeal is filed by the claimant, injured, aggrieved by the order and decree, dated 06.04.2013 made in O.P.No. 602 of 2011 on the file of the VII Additional District Judge, Mahabubnagar (for short, the Tribunal).
For the sake of convenience, hereinafter, the parties are referred to as per their array before the Tribunal.
The claimant, who was 13 years old at the time of accident, filed a petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs.6.00 lakhs towards compensation for the injuries sustained by her in a motor vehicle accident that occurred on 26.06.2011. According to the claimant, on 26.06.2011, while she was boarding a bus, the offending vehicle i.e., Lorry bearing No. KA 05 9093, owned by respondent No. 1, insured with respondent No. 2, being driven by its driver in a rash and negligent manner at high speed, dashed the claimant, due to which, the claimant fell down and sustained multiple injuries. She was treated at various hospitals and incurred Rs.4.00 lakhs towards treatment and medicines. Therefore, she filed the claim petition against the respondents seeking compensation under different heads.
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MGP, J Macma_1734_2014 Before the Tribunal, while respondent No. 1 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. 3,60,000/- 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 though the claimant has sustained permanent disability, the tribunal has erred in awarding only an 3 MGP, J Macma_1734_2014 amount of Rs.25,000/- towards trauma. It is further contended that since the severity of the injuries sustained by the appellant will impact rest of the career of the appellant, the tribunal ought to have awarded the entire compensation as claimed by the appellant. It is further contended that even the amounts granted under the heads of pain & suffering; loss of earnings; transportation, attendant charges and extra nourishment are meagre and need 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.
As seen from the record, P.Ws. 2 & 3, doctors, who treated the claimant, deposed that the injures suffered by the claimant are grievous in nature; that she was treated as inpatient for a period of 15 days. Even the claimant had undergone operations for the injuries suffered by her. Considering the evidence of P.Ws.2 & 3 and considering Ex.A.7, medical bills, the tribunal has awarded Rs.2,90,000/- and Rs.25,000/- towards medicines and treatment, which needs no interference by this Court. In Ex.A.3, wound certificate, both the injuries i.e. (i) blunt injury on chest; (ii) 4 MGP, J Macma_1734_2014 multiple rib fractures right, are referred to as grievous in nature. Considering the same, this Court is inclined to enhance the amount of Rs.25,000/- awarded by the tribunal towards trauma to Rs.30,000/-. That apart, the claimant is awarded Rs.25,000/- towards pain and suffering. So also, the amount of Rs.20,000/- awarded by the tribunal towards transportation, extra nourishment and attendant charges is enhanced to Rs.30,000/-. Thus, in all, the claimant is granted the compensation of Rs.4,00,000/- as against Rs.3,60,000/- awarded by the tribunal.
In the result, the MACMA is allowed in part enhancing the compensation from Rs. 3,60,000/- to Rs. 4,00,000/-. The enhanced compensation shall carry interest at 7.5% per annum from the date of filing of the petition 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 27.12.2022 TSR 5 MGP, J Macma_1734_2014 THE HON'BLE JUSTICE M.G. PRIYADARSINI M.A.C.M.A. No. 1734 of 2014 DATE:27-12-2022