THE HON'BLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.854 of 2012
JUDGMENT:
This appeal is filed by the appellant-claimant aggrieved by the order and decree, dated 30.07.2011 passed in O.P.No.586 of 2008 on the file of the Motor Accidents Claims Tribunal (District Judge), Nizamabad (for short, the Tribunal).
2. For the sake of convenience, the parties have been referred to as arrayed before the Tribunal.
3. The claimant filed a petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs.2,00,000/- for the injuries sustained by her in a motor vehicle accident. It is stated that on 14.05.2007 the claimant, along with others, were traveling in Van bearing No.AP-01/V-4875 from Hyderabad to Nagpur and when they reached Rollamamda Shivar, Neredigonda Mandal, one Lorry bearing No.HR-38/K-3029 driven by its driver in a rash and negligent manner at high speed and dashed the Van from opposite side, due to which the van turned, turtle and the claimant and other inmates of the Van sustained injuries. The claimant sustained fracture of both bones of left leg, 2 GSD, J Macma_854_2012 fracture of ribs both left and right side and also injury on left eye ball. Immediately after the accident, the claimant was shifted to Government Hospital, Nirmal and from there she was shifted to Amrutha Laxmi Multi Speciality Hospital, Nizamabad and she underwent operation twice and rods were inserted. Since the accident occurred due to the rash and negligent driving of the driver of Lorry, the claimant filed the aforesaid O.P. against the respondents, who are the owner and insurer of the said Lorry, respectively.
4. Before the Tribunal, the 1st respondent remained ex parte and the 2nd respondent filed counter denying the averments of the claim petition including the manner in which the accident took place and also the involvement of the Van. It is also contended that the owner and insurance company of the Van are necessary parties. It is further contended that the amount claimed is excessive and prayed to dismiss the claim petition.
5. Basing on the above pleadings, the following issues are framed before the Tribunal:-
3
GSD, J Macma_854_2012
1) Whether the accident has taken place due to rash and negligent driving of Lorry bearing No.HR-38/K-3029 by its driver?
2) Whether the petitioner is entitled for compensation? If so to what just amount and against whom?
3) To what relief?
6. During trial, on behalf of the claimant, P.Ws.1 to 3 were examined and got marked Exs.A1 to A12. On behalf of the respondents, no oral evidence was adduced but Ex.B1-policy was marked with consent.
7. After considering the oral and documentary evidence on record, the Tribunal came to the conclusion that the accident occurred due to the rash and negligent driving of driver of the Lorry and accordingly, awarded total compensation of Rs.25,000/- with interest @ 7.5% per annum. Being not satisfied with the said amount, the claimant filed the present appeal seeking enhancement of compensation.
8. Heard and perused the record.
4
GSD, J Macma_854_2012
9. 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.
10. The short question that arises for consideration is "whether the compensation awarded by the Tribunal is just and equitable"?
11. A perusal of Ex.A3-Medical Certificate, the claimant had sustained fracture of 4th and 5th ribs, which is grievous injury. The record discloses that initially, the claimant was shifted to Community Health Centre, Nirmal and thereafter, he was admitted in Amrutha Laxmi Hospital, Nizamabad, for better treatment, where he was treated as inpatient from 14.05.2007 to 21.05.2007. Though the Tribunal has given a categorical finding that the claimant has received fracture of 4th and 5th right side ribs, which is grievous in nature and she was in the hospital for about 8 days for the purpose of treatment, but conservatively awarded a sum of Rs.10,000/- for fracture of two ribs; Rs.5,000/- towards medical expenditure; Rs.5,000/- towards pain and suffering and Rs.5,000/- towards loss of 5 GSD, J Macma_854_2012 income, which appears to be too meagre. Thus, looking into the nature of injuries sustained by the claimant, nature and period of treatment undergone by her and the amount spent by her towards medical expenses, transportation, attendant charges and extra nourishment, this Court feels that in all the claimant is entitled to Rs.70,000/- instead of Rs.25,000/-.
12. In the result, the M.A.C.M.A. is partly allowed by enhancing the compensation amount awarded by the Tribunal from Rs.25,000/- to Rs.70,000/-. The enhanced amount shall carry interest @ 7.5% per annum from the date of order passed by the Tribunal till the date of realization. There shall be no order as to costs.
Miscellaneous petitions, if any pending in this appeal, shall stand closed.
__________________ JUSTICE G. SRI DEVI 05.07.2022 gkv