HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
M.A.C.M.A. No.804 of 2019
JUDGMENT:
Dissatisfied with the quantum of compensation awarded by the Chairman, Motor Accident Claims Tribunal-cum-I Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, Hyderabad in O.P. No.950 of 2006, dated 19.05.2008, the present appeal is filed by the claimant seeking enhancement of compensation granted by the Tribunal.
2. Appellant is the petitioner in the main O.P. According to the petitioner, on 21.09.2005 while he was proceeding on his moped bearing No. AIO-285 at about 10-00 A.M., near Midhani Township, auto bearing No. AP.24.U.2498 being driven by its driver came in rash and negligent manner at high speed and dashed his moped. As a result, he fell down and received grievous injuries. Immediately he was shifted to Owaisi Hospital for treatment. Thus, he is claiming compensation of Rs.4,00,000/- under various heads.
3. Respondent No.1 remained ex parte; Respondent No.2 filed counter disputing the manner of accident, nature of injuries sustained by the petitioner, age, avocation and income of the 2 MGP, J MACMA.No.804 of 2019 claimant and further contended that the claim is exorbitant and sought for dismissal of the claim petition.
4. Based on the above pleadings, the Tribunal framed the following issues:
1) Whether the petitioner sustained injuries in a motor vehicle accident occurred on 28.09.2005 due to rash and negligent driving of lorry bearing No. AP.24.U.2498, by its driver?
2) Whether the petitioner is entitled to claim compensation and if so, how much amount and from which of the respondent?3) To what relief?
5. In order to prove the issues, on behalf of the petitioner, PWs.1 to 3 were examined and got marked Exs.A1 to A6. On behalf of the respondent No.2-Insurance Company, no witnesses were examined, however, Ex.B1 got marked.
6. On considering the oral and documentary evidence available on record, the Tribunal has awarded an amount of Rs.1,28,000/- towards compensation along with proportionate costs and interest at 7.5% per annum from the date of petition till the date of realization to the appellant-claimant against the respondent Nos.1 and 2 jointly and severally.
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7. Heard the learned counsel for the appellant-claimant and the learned Standing Counsel for respondent No.2. Perused the material available on record.
8. The learned counsel for the appellant-claimant has submitted that although the claimant, by way of evidence of P.Ws.1 to 3 and Exs.A.1 to A.6, established the fact that the petitioner has sustained permanent disability due to the injuries received by him in the accident, but the Tribunal has awarded very meager amount of Rs.1,28,000/- under various heads.
9. The learned Standing Counsel appearing on behalf of respondent No.2 sought to sustain the impugned award of the Tribunal contending that considering the nature of injuries sustained by the petitioner and the treatment taken by him, the learned Tribunal has awarded reasonable compensation and the same needs no interference by this Court.
10. Admittedly, there is no dispute with regard to the manner of accident. However, the Tribunal after evaluating the evidence of PW-1 coupled with the documentary evidence available on record, held that the accident occurred due to rash and negligent driving of the driver of auto bearing No. AP.24.U.2498. Now the only 4 MGP, J MACMA.No.804 of 2019 dispute in the present appeal is with regard to the quantum of compensation.
11. As per the evidence available on record, the evidence of the PW-2, who treated the petitioner at Owisi Hospital shows that the petitioner has sustained fracture of tibia and fracture of femur and he underwent surgery for correction of above fractures on 28.09.2005 and 5.10.2005 respectively. His evidence further shows that the petitioner took treatment in Owisi Hospital from 28.9.2005 to 11.10.2005 and he certified Ex.A5 medical bills for Rs.63,709.20 ps. Therefore, the evidence of PWs.1 and 2 coupled with the documentary evidence shows that the petitioner has sustained two grievous injuries. Hence considering the nature of injuries sustained by the petitioner, an amount of Rs.50,000/- is awarded for two grievous injuries @ Rs.25,000/- for each grievous injury. Further the Tribunal rightly awarded an amount of Rs.30,000/- is awarded towards pain and sufferance and Rs.63,709.20 ps. towards medical expenses and as such, the same are not disturbed. Due to the injuries sustained by the petitioner, he might not have attended to his work for some period and the Tribunal granted an amount of Rs.10,500/- towards loss of earnings for three and half months by taking his income at 5 MGP, J MACMA.No.804 of 2019 Rs.3,000/- per month. Further the petitioner is also granted an amount of Rs.15,000/- towards extra nourishment, transport and attendant charges. The evidence of Doctor/PW.2 who gave treatment to PW-1, clearly established that the petitioner sustained 10% disability. Therefore, considering the evidence of PW-2, the disability sustained by the petitioner is fixed at 10%. According to the petitioner, he was a toddy tapper and the accident occurred during the year 2005 and as there was no income proof, the Tribunal rightly taken the income of petitioner at Rs.3,000/- per month. Further, in light of the principles laid down by the Apex Court in National Insurance Company Limited Vs. Pranay Sethi and others1, the claimant is also entitled to the future prospects and since the petitioner was aged about 25 years at the time of accident, 40% of the income is added towards future prospects. Then it comes to Rs.4,200/- (3,000 + 1,2000 = 4,200). As the claimant was aged about 25 years at the time of accident, the appropriate multiplier in light of the judgment of the Apex Court in Sarla Verma v. Delhi Transport Corporation2 would be "18". Thus, the future loss of income due to 10% disability comes to Rs.4,200 x 12 x 18 x 10/100 = 1 2017 ACJ 2700 2 2009 ACJ 1298 (SC) 6 MGP, J MACMA.No.804 of 2019 Rs.90,720/-, which the petitioner/claimant is entitled. In total, the claimant is entitled to Rs.2,59,929.20 ps, which can be rounded off to Rs.2,60,000/-.
13. In the result, the M.A.C.M.A. is partly allowed by enhancing the compensation amount awarded by the Tribunal from Rs.1,28,000/- to Rs.2,60,000/-. The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization against the respondent Nos.1 and 2 jointly and severally. 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, he is entitled to withdraw the compensation amount without furnishing any security. No costs.
Miscellaneous petitions, if any pending, shall stand closed.
______________________ M.G.PRIYADARSINI,J 24.11.2022 pgp