THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI
M.A.C.M.A. No.2806 of 2018
JUDGMENT:
This appeal is preferred by National Insurance Company Limited, questioning the order and decree, dated 25.05.2018 passed in M.V.O.P.No.45 of 2013 on the file of the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Ranga Reddy District at L.B.Nagar (for short, "the Tribunal").
2. For the sake of convenience, the parties have been referred to as arrayed before the Tribunal.
3. According to the petitioner, on 12.10.2012, at about 00.20 hours, while he was going from Karmanghat to Turka Yamjal on motorcycle bearing No.AP 29 BM 0633, when he reached Sagar Ring Road, L.B.Nagar, one milk van bearing No.AP 21 TT 2393 being driven by its driver came in rash and negligent manner and dashed the petitioner's motor cycle from its back side, due to which the petitioner sustained severe injuries all over the body and fractured his both legs and hands. Immediately he was taken to Indus hospital, Kothapet and from there he was shifted to Apollo Super Specialty Hospital, Jubilee Hills, for treatment where he was treated as inpatient. Due to 2 MGP, J Macma_2806_2018 the said accident, the petitioner who was a student, lost one academic year. Thus, the petitioner is claiming compensation of Rs.12,00,000/- against the respondents 1 and 2 jointly and severally.
4. Considering the claim and the counter filed by the respondent No.2, insurance company, and on evaluation of the evidence, both oral and documentary, the learned Tribunal has partly allowed the O.P. and awarded compensation of Rs.8,65,000/- with interest at 7% per annum paid by the respondents 1 and 2 jointly and severally. Challenging the same, the present appeal has been filed by the insurance company.
5. Heard both sides and perused the record.
6. A perusal of the impugned judgment discloses that the Tribunal has framed issue No.1 as to whether the accident occurred resulting in the injuries to the petitioner if so, was it due to the fault of the driver of Milk Van bearing No.AP 21 TT 2393 or the petitioner, and after considering the evidence of P.W.1 coupled with the documentary evidence i.e., Ex.A1, First Information Report and Ex.A2, police complaint, the tribunal 3 MGP, J Macma_2806_2018 has categorically observed that the accident has occurred due to the rash and negligent driving of the crime vehicle by its driver and has answered the issue in favour of the claimant and against the respondents. Therefore, I see no reason to interfere with the finding of the Tribunal that the accident occurred due to the rash and negligent driving of the offending vehicle i.e., milk van by its driver.
7. The main contention of the learned Standing Counsel for the appellant-Insurance Company contended that the Tribunal failed to observe that the medical bills filed by the petitioner as neither the Author nor doctor who gave treatment was examined to substantiate the said bills, the petitioner neither adduced any evidence to show that he lost Academic year nor examined doctor to prove that he is suffering from permanent disability. In view of the above, the tribunal was erred in granting compensation to the petitioner.
8. On the other hand, learned counsel for the petitioner submitted that the tribunal has rightly awarded compensation and the interference of this Court is not necessary. 4
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9. Insofar as the quantum of compensation is concerned, the case of the petitioner is that he was a student and due to the said accident, he sustained i) abrasion at front of thigh, ii) abrasion at front leg, iii) abrasion at front thigh and 23 grievous injuries all over the body and lost one academic year. In order to support his claim, the petitioner filed Ex.A3, MLC, Exs.A9 to A31. The tribunal after considering the injuries sustained by the petitioner, the oral and documentary evidence, has rightly awarded Rs.2,00,000/- towards pain and sufferings, Rs.20,000/- towards transportation, Rs.1,00,000/- towards extra nourishment, Rs.1,00,000/- for attendant fee, Rs.45,000/- towards medical bills, Rs.2,00,000/- for loss of academic year and Rs.2,00,000/- towards partial disability as the petitioner suffered fracture of proximal third left femur, fracture of middle third left tibia, fracture of proximal third right femur, central fracture dislocation left acetabulum and fracture of right acetabulum. Thus, in all the Tribunal awarded compensation of Rs.8,65,000/- which cannot be said to be on higher side. Therefore, I see no reason to interfere with the award passed by the Tribunal and the appeal is liable to be dismissed.
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10. Accordingly, the M.A.C.M.A. is dismissed confirming the award and decree passed by the Tribunal. There shall be no order as to costs.
Miscellaneous petitions, if any, pending shall stand closed.
_______________________________ JUSTICE M.G. PRIYADARSINI 23.02.2023 gms 6 MGP, J Macma_2806_2018 THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI M.A.C.M.A. No.2806 of 2018 DATE: 23.02.2023 gms