THE HON'BLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.1318 of 2006
JUDGMENT:
This appeal is filed by the appellant-claimant aggrieved by the Award and Decree, dated 21.03.2006 passed in O.P.No.1731 of 2003 on the file of the I Additional Metropolitan Sessions Judge-cum-XV Additional Chief Judge, Hyderabad (for short, the Tribunal).
2. The brief facts of the case are that on 18.04.2002 while the appellant was travelling in the Auto bearing No.AP 13 V 601 from gate Vairampally towards Nawabpet and when the auto reached near Ekmamidi Village Dar, another Auto bearing No.AP 13 W 2157 driven by its driver in a rash and negligent manner at high speed and dashed the auto in which the appellant was travelling, as a result of which, the appellant sustained grievous injuries all over the body. Immediately after the accident, the appellant was shifted to Osmania General Hospital, Hyderabad. The claimant filed aforesaid O.P. against respondent Nos.1 and 2, owner and insurer of the Auto bearing No.AP 13 W 2157, respectively, claiming compensation of Rs.2,00,000/- for the injuries sustained by him.
3. Before the Tribunal, considering the claim and the counter filed by the 2nd respondent, and on evaluation of the evidence, both oral and documentary, the learned Tribunal has partly allowed the 2 GSD, J Macma_1318_2006 O.P. and awarded compensation of Rs.76,500/- with interest at 7.5% per annum. Challenging the same, the present appeal has been filed by the appellant seeking enhancement of compensation.
4. Heard both sides and perused the record.
5. The finding of the Tribunal with regard to the manner in which the accident took place has become final since the same was not challenged by either of the respondents.
6. Insofar as the quantum of compensation is concerned, a perusal of the material on record, the as per Ex.A.3-wound certificate the appellant had sustained Grade-III Compound fracture of right leg both bones, closed fracture of right femur, closed fracture of right forearm both bone, fracture base of right 1st metatarsal and other injuries all over the body. Initially the appellant was shifted to Government Civil Hospital, Vikarabad and thereafter he was admitted in Osmania General Hospital, Hyderabad, where he took treatment from 19.04.2002 to 05.07.2002, he underwent operation for his right thigh and D.C.P. plates were fixed in his right forearm. Admittedly, the appellant has sustained four fracture injuries and he took treatment for a considerable period and the doctor also stated that the appellant has sustained disability at 3 GSD, J Macma_1318_2006 60% but the Tribunal has awarded only Rs.24,000/- towards loss of future earnings. Admittedly, P.W.2 is not the competent to assess the disability. Since there is non-union of femur with 3" over riding of the fragmentation and mal alignment of 1st metatarsal bone, this Court is of the view that the appellant has suffered disability at 10%. In the facts and circumstances of the case, this Court feels that the appellant is entitled the following amount under various heads.
Sl. Name of Head Awarded by Awarded by this
No. Tribunal Court
Rs. Rs. Ps.
Ps.
1. Pain and suffering 40,000.00 40,000.00
2. Medical Expenses, 5,000.00 10,000.00
treatment, extra
nourishment, attendant
charges and other
incidental charges
3. Loss of earnings 7,500.00 10,000.00
4. Loss of future earnings 24,000.00 64,800.00
on account of 10%
disability
(3,000x12x18x10/100)
TOTAL 76,500.00 1,24,800.00
7. In the result, the M.A.C.M.A. is partly allowed by enhancing the compensation amount awarded by the Tribunal from Rs.76,500/- to Rs.1,24,800/-. The enhanced amount shall carry interest @ 7.5% 4 GSD, J Macma_1318_2006 per annum from today till the date of realisation. There shall be no order as to costs.
Miscellaneous petitions, if any pending in this appeal, shall stand dismissed.
_________________ JUSTICE G. SRI DEVI 07.07.2022 gkv