HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
M.A.C.M.A. No.364 of 2019
JUDGMENT:
Not being satisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal-cum-XXIV Additional Chief Judge, City Civil Courts, Hyderabad in O.P. No.1542 of 2015, dated 23.06.2017, the present appeal is filed by the claimant seeking enhancement of compensation.
2. According to the petitioner, on 08-02-2015 the petitioner and one B.G.Victor Babu were proceeding to Malkapur village from Hyderabad in a car bearing No. AP.13.Q.0570, which was driven by one G.Ramesh and when they reached the outskirts of Toopranpet village, one car bearing No. AP.28.DN.0136 being driven by its driver came in rash and negligent manner and dashed their car, as a result, the petitioner sustained grievous head injury with deep lacerated wound over left parietal region and right frontal region and several other lacerations and abrasions all over the body. Thus, he is claiming compensation of Rs.3,00,000/- under various heads.
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3. Respondent No.1 remained ex parte; Respondent No.2- Insurance Company filed counter disputing the manner of accident, nature of injuries sustained by the petitioner, age, avocation and income of the injured.
4. Based on the above pleadings, the Tribunal framed the following issues:
1. Whether the accident took place due to rash and negligent driving of the car bearing No. AP.28.DN.0136 causing injuries to the petitioner?
2. Whether the petitioner is entitled for compensation, if so, to what extent and from whom?
3. To what relief?
5. In order to prove the issues, PWs.1 and 2 were examined and Exs.P1 to P23 got marked on behalf of the petitioner. No witnesses were examined on behalf of the respondents, however, Ex.B1 was marked on their behalf.
6. Considering the oral and documentary evidence available on record, the Tribunal has awarded an amount of Rs.1,50,000/- towards compensation to the appellant- claimant against the respondent Nos.1 and 2 jointly and 3 severally, along with proportionate costs and interest @ 6% per annum from the date of petition till the date of realisation, as against the claim of Rs.3,00,000/- laid by the appellant- claimant for the injuries sustained by him in a road accident that occurred on 08.02.2015.
6. Heard the learned counsel for the appellant-claimant and the learned Standing Counsel for the second respondent- Insurance Company. Perused the material available on record.
7. The learned counsel for the appellant-claimant has submitted that although the claimant, by way of evidence of P.Ws.1 and 2 and Exs.P.1 to P.23, established the fact that the petitioner has sustained grievous injuries in the accident, the Tribunal awarded very meager amount of Rs.1,50,000/- under various heads.
8. The learned Standing Counsel appearing on behalf of second respondent-Insurance Company sought to sustain the impugned award of the Tribunal contending that considering the avocation of the petitioner, the learned Tribunal has 4 awarded reasonable compensation and the same needs no interference by this Court.
9. Admittedly, there is no dispute with regard to the manner of accident and the involvement of offending vehicle. Now the only dispute involved in this appeal is enhancement of compensation.
10. Coming to the quantum of compensation, according to the evidence of PW-1, in the said accident he sustained grievous head injury with deep lacerated wound over left parietal region and right frontal region and several lacerations and abrasions all over the body. Immediately he was shifted to Sunrise Hospital and thereafter, he was treated in NIMS, Continental Hospital and also treated in Kamineni and that he spent huge amount. Ex.A3 was issued by Sunrise Hospital which shows that the petitioner had laceration on left parietal region and another laceration on right frontal region. The doctor who treated the petitioner was examined as PW-2. According to PW-2, injury No.1 is grievous and injury No.2 is simple in nature. Further Ex.A4 discharge summary issued by Sunrise Hospital shows that the 5 petitioner was admitted in the said hospital on 8.2.2015 and discharged on 10.2.2015 and it is noticed that the petitioner had laceration over left parietal region and lacerated injuries over right frontal region and finally diagnosed that he has a head injury in the accident. Petitioner also filed Ex.A6, which shows that he had a problem of rotator cuft tear left shoulder and Ex.A8 MRI shows that there is a surface tear in distal supraspinatus tendon. PW-2 Doctor further stated that the petitioner came to them on 1.9.2015 with a calf injury to shoulder and he underwent surgery and he required to undergo further surgery and that he is having 50% to 60% disability. However, considering the evidence of PWs.1 and 2 coupled with the documentary evidence available on record, the tribunal awarded compensation of Rs.5,000/- for one grievous injury and Rs.1,000/- for one simple injury and Rs.50,000/- towards pain and sufferance, Rs.29,443/- towards medical bills and Rs.50,000/- towards loss of estate, which is just and reasonable. Further the tribunal also awarded an amount of Rs.14,557/- towards transportation and extra nourishment, which is very less and hence, an amount of Rs.34,557/- is awarded towards transportation 6 and extra nourishment. Further an amount of Rs.10,000/- is also awarded towards attendant charges. Thus in all the petitioner is entitled an amount of Rs.1,80,000/- under all counts. Further the rate of interest awarded by the tribunal @ 6% per annum is very low. Hence, the rate of interest is modified to 7.5% per annum instead of 6% per annum on the award amount.
11. Coming to the liability, considering Ex.B1, which shows that the offending vehicle was insured with their Company covering the date of accident, the tribunal rightly held that the respondent Nos.1 and 2 are jointly and severally liable to pay compensation to the petitioner.
12. In the result, the M.A.C.M.A. is allowed in part by enhancing the compensation amount awarded by the Tribunal from Rs.1,50,000/- to Rs.1,80,000/-. The enhanced amount shall carry interest at 7.5% p.a. from the date of this Order till the date of realization, payable by 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 of 7 compensation amount by the respondents, the claimant is at liberty to withdraw the same without furnishing any security. No costs.
Miscellaneous petitions, if any pending, shall stand closed.
______________________ M.G.PRIYADARSINI,J 21.10.2022 pgp