HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
M.A.C.M.A.No.3875 of 2009
JUDGMENT :
This appeal is filed by the claimant being aggrieved by the order and decree dated 24.08.2009 in O.P.No.1743 of 2003 on the file of Motor Accident Claims Tribunal (I Additional District Judge) Khammam, for the injuries sustained by the appellant, who has filed claim petition under Section 166 of M.V. Act, for compensation of Rs.3,00,000/- together with interest and costs. Since the claimant died during the pendency of the appeal, his legal representatives are brought on record as appellant Nos.2 and 3.
2. For the sake of convenience, the parties are referred to as arrayed in the O.P.
3. On 19.11.2002, while the claimant, his wife and some other passengers boarded the jeep, bearing registration No.AP-36-U- 3197 in order to go to Yellandu and when the jeep crossed Nehru Nagar stage, a lorry tanker bearing registration No.AP-16-U-7439 driven in a rash and negligent manner, at high speed dashed against the jeep of the claimant, due to which, four passengers died and the 2 GAC, J MACMA.No.3875 of 2009 appellant/claimant and others sustained grievous injuries and immediately, the claimant was shifted to Singareni Collieries Main Hospital, Kothagudem, where first aid was given and thereafter, he was referred to Mamatha General Hospital, Khammam. Later, claimant got himself admitted in Millitary Hospital, Secunderabad and took treatment for 20 days as inpatient. Due to the head injury, the claimant lost memory power and apart from that, he sustained fracture of first to fourth ribs on left side and fracture of first to third ribs on the right side causing breathing problems. As per the advice of the doctor, as the claimant was aged about 47 years, it is very difficult to unite the fracture bones and there is no possibility for conducting operation to fractured ribs. Thus, the claimant underwent major traumas and permanent disability. The claimant spent an amount of Rs.1,00,000/- towards medical and other expenses and he was advised to take treatment throughout his life.
4. Basing on the complaint, a case was registered against the driver of the lorry tanker vide Crime No.207 of 2002 for the 3 GAC, J MACMA.No.3875 of 2009 offence punishable under Sections 338 of IPC on the file of Yellandu Police Station.
5. A detailed counter was filed by the 2nd respondent/Insurance Company denying the age, occupation, income, medical expenditure incurred and also the liability of the Insurance Company. It is the specific plea of the Insurance Company that the compensation claimed by the claimant is excessive and as such, the Insurance Company is not liable to pay compensation.
6. The Tribunal, on examining the oral and documentary evidence on record, partly allowed the O.P., awarding a total compensation of Rs.53,000/- along with costs and interest @ 7.5% per annum from the date of petition till the date of realization. Seeking enhancement of compensation, the claimant has filed this appeal. As the appeal is with respect to quantum of compensation, the appreciation of evidence would be with respect to it only.
7. Heard both sides and perused the record.
8. The learned Counsel for the appellant-Claimant contended that the Tribunal has erred in granting less compensation and it 4 GAC, J MACMA.No.3875 of 2009 ought to have considered the head injury and fracture of rib bones sustained by the claimant which made him permanently disable. It is further contended that the Tribunal ought to have believed the evidence of P.W.2 and Ex.A-3 injury certificate and ought to have considered that the claimant was working as security guard in Singareni Collieries and was drawing the salary of Rs.9,000/- p.m. and not Rs.3,000/-. Therefore, prayed to enhance the compensation.
9. On the other hand, the learned counsel for the Insurance Company contended that there is no error or irregularity in the orders passed by the Tribunal and prayed to dismiss the appeal.
10. On perusal of the record, it is evident that the O.P. was filed by the claimant claiming compensation of Rs.3,00,000/- but the Tribunal has granted a total compensation of Rs.53,000/- under the heads stated above.
11. It is relevant to mention that the Tribunal has not considered the injury certificate i.e. Ex.A-3, Ex.A-6/salary certificate and Ex.A-7 loss of pay certificate. P.W.2 is the Doctor at Singareni 5 GAC, J MACMA.No.3875 of 2009 Collieries Main Hospital, who deposed that the claimant was admitted in hospital on 19.11.2002 with head injury, fracture of 1st and 4th ribs on left side, fracture of 1st and 3rd ribs on ride side and was unconscious, as such he was referred to Osmania General Hospital, Hyderabad. After taking treatment at Hyderabad, the claimant was referred to Singareni Collieries Main Hospital. As per the evidence of P.W.2, the claimant has sustained head injury and also injuries on both sides of the ribs. As per Ex.A-8, the claimant has spent an amount of Rs.169-57 ps at Singareni Collieries Hospital on 20.11.2002. Though petitioner was advised to take medicines, the cost of the same are not reflected in Ex.A-9. Ex.A-10 discloses that the claimant was referred to Osmania General Hospital and Ex.A-11 are the O.P. slips pertaining to Osmania General Hospital on 04.12.2002 and 09.12.2002 respectively. Ex.A-12 corroborates with the evidence of P.W.2 with regard to petitioner suffering with head injury. Ex.A-13 is the hospital record which shows the x-ray of the claimant, Exs.A-14 and A-15 are the CT scan reports which clearly reveal that the petitioner has suffered multiple hypodensities. Neither the Doctor 6 GAC, J MACMA.No.3875 of 2009 nor any medical officer was examined to prove that the petitioner was suffering with disability due to head injury. Ex.A-17 are the cash receipts which disclose that the claimant has spent an amount of Rs.2,800/- at Care hospital. Considering all the above evidence, the Tribunal has granted an amount of Rs.10,000/- towards transportation, Rs.25,000/- towards pain and suffering and considered the income of the claimant as Rs.3,000/- awarded Rs.18,000/- for 6 months towards loss of pay and total compensation was arrived to Rs.53,000/- in total.
12. On perusal of the entire evidence, it is evident that the salary certificate which was filed by the claimant was not considered by the Tribunal. The salary certificate would show that the claimant was earning gross salary of Rs.11,596-76/- and net salary of Rs.8,872-46/- as on the date of accident, which can be rounded to Rs.9,000/- for the purpose of calculation. Taking the salary of the claimant as Rs.9,000/- p.m., loss of earnings of the claimant for a period of one year comes to Rs.1,08,000/- (9,000 x 12). The claimant is entitled for an amount Rs.8,000/- for each fracture 7 GAC, J MACMA.No.3875 of 2009 which comes to Rs.56,000/- (8,000 x7). Apart from that, the claimant is also entitled for compensation under other heads.
14. Thus, the claimant is entitled for compensation under the following heads:
1. Loss of earnings including Rs.1,08,000/-
disability
2. Medical expenses for fracture of Rs.56,000/-
ribs
3. Head injury Rs.10,000/-
3. Pain and suffering Rs.25,000/-
3. Transportation Rs.15,000/-
4. Medical expenses Rs.10,000/-
5. Extra-nourishment Rs.10,000/-
6. Attendant charges Rs.10,000/-
TOTAL Rs.2,44,000 /-
15. In the result, the M.A.C.M.A. is allowed by enhancing the compensation amount awarded by the Tribunal from Rs.53,000/- to Rs.2,44,000/-, with costs and interest at the rate of 7.5% p.a. from the date of petition till the date of realization, payable by the respondents jointly and severally to the legal representatives of the claimant/appellant Nos.2 and 3 within two months from the date of receipt of a copy of this order. The appellant Nos.2 and 3 are permitted to withdraw the entire amount of compensation, on 8 GAC, J MACMA.No.3875 of 2009 payment of deficit Court fee, as the accident occurred in the year 2002.
Pending miscellaneous applications, if any, shall stand closed.
________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 19.04.2023 dv