HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
M.A.C.M.A. No.3166 of 2017
JUDGMENT:
Dissatisfied with the quantum of compensation awarded by the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Mahabubnagar in M.V.O.P. No.253 of 2015, dated 17.08.2017, the present appeal is filed by the claimant seeking enhancement of compensation granted by the Tribunal.
2. Appellant is the claimant in the main O.P. According to the claimant, on 6.4.2015 at about 9-00 hours when he was attending concrete work for making Railway bridge under a Contractor at Teegala Chervu thanda limits of Mattampally Mandal of Nalgonda District, the Millar vehicle AJAX bearing No. KL 25 F 5983 which was supplying concrete mixture to the work spot, driven by its driver, who is the respondent No.1 herein, in a rash and negligent manner and hit the claimant. As a result, he sustained fracture injury on his left leg and fracture to his right foot and sustained permanent disability. He was admitted in Kodada hospital and from there he was shifted to Sankya Hospital, Kukatpally, Hyderabad, where he was treated as inpatient for two days and thereafter shifted to SVS Hospital, Mahabubnagar and underwent operation for his left leg and treated as inpatient for 15 days and 2 MGP, J MACMA.No.3166 of 2017 spent Rs.1,00,000/-. According to the petitioner, he was a labour earning Rs.9,000/- per month. Thus, he is claiming compensation of Rs.5,00,000/- against the respondent Nos.1 to 3, who are driver, owner and insurer of the AJAX Miller bearing No. KL 25 F 5983 jointly and severally.
3. Respondent Nos.1 and 2 remained ex parte; Respondent No.3 filed counter disputing the manner of accident, nature of injuries sustained by the petitioner, age, avocation and income of the claimant and further contended that the driver of the offending vehicle was not having valid driving license at the time of accident and that the claim is exorbitant and sought for dismissal of the claim petition.
4. On considering the oral and documentary evidence available on record, the Tribunal has awarded an amount of Rs.2,13,919/- towards compensation along with interest at 9% per annum from the date of petition till the date of deposit to the appellant- claimant against the respondent Nos.2 and 3 jointly and severally.
5. Heard the learned counsel for the appellant-claimant and Sri A.Ramakrishna Reddy, learned Standing Counsel for respondent 3 MGP, J MACMA.No.3166 of 2017 No.3-Bajaj Allianz General Insurance Company Limited. Perused the material available on record.
6. 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.12, 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 under various heads.
7. The learned Standing Counsel appearing on behalf of respondent No.3 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.
8. 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, rightly held that the accident occurred due to rash and negligent driving of the driver of AJAX Miller bearing No. KL 25 F 5983. 4
MGP, J MACMA.No.3166 of 2017
9. Coming to the quantum of compensation, Ex.A2 certified copy of wound certificate issued by Sankhya Hospital, shows that the claimant sustained fracture to left mid shaft of femur grievous and crush injury to right foot. Initially he was admitted in Kodad Hospital and from there to Sankhya Hospital, Hyderabad and took treatment as inpatient for two days and thereafter shifted to SVS Hospital, Mahabubnagar, where he took treatment as inpatient for 15 days. PW-2 who is working as Resident Medical officer, SVS Hospital, deposed that the petitioner underwent surgery on 10.4.2015 for fracture of left proximal 1/3rd of humorous and compound fracture of right malleolus, steel rod was inserted in the left thigh. PW-3 who is Member of the Medical Board deposed that he examined the claimant on 5.1.2016 and found the disability is 30% for left and right lower limbs and that the claimant can sit and squat with some difficulty. Ex.A6 disability certificate contains his signature. Considering the evidence of PWs.1 to 3 coupled with the documentary evidence available on record, the Tribunal rightly awarded an amount of Rs.50,000/- towards pain and suffering, Rs.36,000/- towards loss of earnings during the period of treatment, Rs.7,919/- towards medical bills, Rs.1,00,000/- towards loss of amenities in life due to disability to 5 MGP, J MACMA.No.3166 of 2017 the right leg, Rs.10,000/- towards attendant charges and extra nourishment charges and Rs.10,000/- towards transport and other miscellaneous charges and as such, the same are not disturbed.
10. Coming to the future loss of earnings due to the disability sustained by the claimant at 30% as stated by PW-3, who is one of the members in Medical Board, the tribunal erred in not considering the disability sustained by the petitioner. Hence the same can be considered. Considering the avocation of the petitioner, the Tribunal has rightly taken the income of petitioner at Rs.6,000/- per month. As per the records, the claimant was aged about 32 years at the time of accident. Then the appropriate multiplier in light of the judgment of the Apex Court in Sarla Verma v. Delhi Transport Corporation1 would be "16". Thus, the future loss of earning capacity due to 30% disability comes to Rs.6,000/- x 12 x 16 x 30/100 = Rs.3,45,600/-, which the petitioner/claimant is entitled. In total, the claimant is entitled to Rs.5,59,519/-.
1 2009 ACJ 1298 (SC) 6 MGP, J MACMA.No.3166 of 2017
11. Coming to the rate of interest, the tribunal awarded interest at 9% per annum, which appears to be excessive. Therefore, the rate of interest is reduced from 9% to 7.5% per annum.
12. In the result, the M.A.C.M.A. is allowed by enhancing the compensation amount awarded by the Tribunal from Rs.2,13,919/- to Rs.5,59,519/-. The compensation amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization against the respondent Nos.2 and 3. The amount shall be deposited within a period of one month from the date of receipt of a copy of this order. The claimant shall pay the deficit court fee and on such payment of court fee only, he is entitled to withdraw the compensation amount without furnishing any security. There shall be no order as costs.
Miscellaneous petitions, if any pending, shall stand closed.
______________________ M.G.PRIYADARSINI,J 12.04.2023 pgp