THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY
M.A.C.M.A.No.238 OF 2018
JUDGMENT:
This appeal is directed against the award dated 01.11.2013 in M.V.O.P.No.672 of 2013, on the file of the Motor Accidents Claims Tribunal-cum-I Additional District Judge at Nizamabad (for short 'the Tribunal), wherein the said claim application filed by appellant herein seeking compensation was allowed-in-part, awarding Rs.78,500/- with interest at 7.5% per annum from the date of petition.
2. Heard learned counsel for the appellant and learned counsel for the 2nd respondent-insurer. None appears for the 1st respondent- owner of Tama Sumo. Perused the material on record.
3. The appellant herein filed claim application seeking compensation of Rs.2 lakhs on account of the injuries sustained by him in a motor vehicle accident that occurred on 22.01.2012 at about 03:00 p.m. According to the claimant, on that day, he was going on motorcycle bearing registration No.AP 12 1365 from Armoor Village towards Nizamabad and when he reached in front 2 of Sukhjith Factory, Nizamabad at about 03:00 p.m., meanwhile, a Tata Sumo bearing registration No.AP 25 TV 0560, driven by its driver in a rash and negligent manner on wrong side came from Nizamabad side and dashed the motor cycle of the claimant, resulting in the claimant falling down from the motorcycle and the offending vehicle ran over him. The claimant sustained multiple fracture of both bones of right leg, fracture of right thigh, multiple and crush injures to right toe, fracture of skull, fracture of ribs, multiple and grievous injuries on head, chest and all over the body. The claimant was shifted to Government Headquarters Hospital, Nizamabad where he was treated as inpatient and underwent major operations and surgeries and his right toe was amputated and steel rods were implanted to his right leg. The claimant incurred an expenditure of more than Rs.2 lakhs towards treatment, medicines and extra nourishment etc., and he is continuing his follow up treatment under private surgeons and specialist. Police, Nizamabad Rural registered a case in Cr.No.28 of 2012 against the driver of the Tata Sumo. It is stated that the claimant was aged 32 years at 3 the time of accident and was doing agriculture, vegetable and milk business and getting an income of Rs.25,000/- per month.
4. Respondent No.1-owner of the offending vehicle remained ex parte. Respondent No.2-insurer filed written statement opposing the claim and denying their liability to pay the compensation.
5. On consideration of the evidence available on record, the Tribunal held that the accident occurred due to the rash and negligent driving of the Tata sumo vehicle by its driver. The said finding had become final, as no appeal is preferred by the respondents questioning the same. The Tribunal further held that the claimant is entitled for a total compensation of Rs.78,500/-. Accordingly, an award was passed for the said amount with interest at 7.5% per annum. Not satisfied with the same, the claimant filed the present appeal seeking enhancement of compensation.
6. The only question that arises for consideration in the present appeal is - whether the claimant is entitled for enhancement of compensation, and if so to what extent?
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7. It is not in dispute that the claimant suffered multiple fracture of both bones of right leg, fracture of right thigh, multiple and crush injures to right toe, fracture of skull, fracture of ribs, multiple and grievous injuries on head, chest and all over the body in the accident. In order to prove the same, the claimant examined P.W.2, the doctor, who treated him. P.W.2 in his evidence stated that on 23.01.2022, the claimant was brought to the Government Hospital, Nizamabad with injuries. He stated that the claimant sustained injury of right leg with fracture of both bones and fracture of right femur and the injuries are grievous in nature and that he may not be able to attend normal works up to 90 days. As per Ex.A-3 injury certificate, the patient has bone implants and may be required for removal in future.
8. The Tribunal had awarded Rs.30,000/- towards the injuries. Since P.W.2 deposed that the claimant sustained fracture injury to right leg and fracture of both bones and fracture of right femur, the award of said compensation of Rs.30,000/- is too meagre. After considering the evidence on record, I am of the view that the award of an amount of Rs.75,000/- would meet the ends of 5 justice. The Tribunal had awarded an amount of Rs.20,000/- towards pain and suffering. The claimant has suffered grievous multiple injuries all over his body and underwent operations and surgeries with bone implants which may be required to be removed in future. Therefore, an amount of Rs.50,000/- is awarded towards pain and suffering. The Tribunal has awarded Rs.15,000/- towards extra nourishment and the same is enhanced to Rs.20,000/-. The Tribunal has awarded an amount of Rs.13,500/- under the relief of loss of earnings. The claimant deposed in his evidence that he used to earn Rs.25,000/- per month by doing agriculture, vegetable and milk business prior to the accident. Though there is no oral or documentary evidence to substantiate the said contention, but having regard to the fact that the claimant may not be able to attend normal works up to 90 days, an amount of Rs.10,000/- per month i.e., Rs.30,000/- for three months is awarded towards loss of earnings. Thus, in all, the claimant is entitled for a total compensation of Rs.1,75,000/- (Rs.75,000/- + Rs.50,000/- + Rs.20,000/- + Rs.30,000/-). The compensation awarded by the Tribunal under different heads are set aside.
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9. In the result, the appeal is allowed-in-part. The award of the Tribunal is modified by enhancing the compensation from Rs.78,500/- to Rs.1,75,000/-. The enhanced amount shall carry interest at 7.5% p.a. from the date of award passed by the Tribunal i.e., 01.11.2017 till realization, payable by respondents 1 and 2 jointly and severally. There shall be no order as to costs.
10. Pending miscellaneous petitions, if any, stand closed.
_______________________ A.SANTHOSH REDDY, J 20.10.2022 Lrkm