THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI
M.A.C.M.A.No.1637 of 2018
JUDGMENT:
This appeal is preferred by Telangana State Road Transport Corporation (previously Andhra Pradesh State Road Transport Corporation), questioning the order and decree, dated 16.02.2018 passed in M.V.O.P.No.2283 of 2015 on the file of the Chairman, Motor Accident Claims Tribunal-cum-XXVI Additional Chief Judge, City Civil Court at Hyderabad (for short, "the Tribunal").
2. For the sake of convenience, the parties have been referred to as arrayed before the Tribunal.
3. Brief facts of the case are that the claimant filed a petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs.5,00,000/- for the injuries sustained by him in a road accident that occurred on 10.04.2015. It is stated that on the fateful day, while the claimant was proceeding as a pillion rider on motor cycle bearing No. AP 28 AG 0877 from Chowederpally village to Katra village, at about 03:45 p.m., when he reached polkampally village, RTC bus bearing No.AP 28 Z 9527 driven by its driver, came in rash and negligent manner and dashed the claimant, as a result of which, the claimant fell down on the road and sustained crush injury with avulsion 2 MGP, J Macma_1637_2018 injury right dorsum of right foot with fracture 3, 4, 5 metatarsal and metatarsal joint dislocation and other grievous multiple blunt injuries all over the body. Immediately, he was shifted to CHC Government Hospital at Kalwakurthy and later shifted to Omni Hospital at Dilsukhnagar, where he was treated as inpatient. According to the claimant, he was hale and healthy and earning Rs.10,000/- per month as an agriculturist and contributing the entire income for the welfare of the family. Due to the accident, he sustained 60% permanent disability as he suffered with meta tarsal joint dislocation and underwent surgery for doppler study of right lower limb and debridement and k-wire fixation and fixation of 4th meta tarsal that Vac therapy and lost his livelihood and source of income. Therefore, he laid the claim against the respondent, owner of the bus, seeking compensation of Rs.5,00,000/- under various heads.
4. Considering the claim and the counter filed by the respondent-TSRTC, and on evaluation of the evidence, both oral and documentary, the learned Tribunal has allowed the O.P. and awarded compensation of Rs.6,78,856/- with interest at 9% per annum to be payable by the respondent. Challenging the same, the present appeal has been filed by the TSRTC.
5. Heard both sides and perused the record. 3
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6. The main contention of the learned Standing Counsel for the appellant is that there is a contributory negligence on the part of the rider of the motor cycle bearing No.AP 28 AG 0877, who contributed to the said accident. However, the Tribunal has not considered the same and therefore, contributory negligence ought to have been fixed on the rider of the motorcycle while awarding compensation. Further, he contended that the quantum of compensation claimed is excessive, baseless and prayed to allow the appeal.
7. On the other hand, learned counsel for the claimant contended that the Tribunal has rightly awarded just and reasonable compensation considering the nature of injuries suffered by the claimant and his income and avocation and therefore, the said order of the Tribunal needs no interference by this Court.
8. This Court perused the entire record. Although it is contended that there was contributory negligence on the part of the rider of the motorcycle on which, the claimant was proceeding, the appellant-TSRTC did not take any steps to prove the same such as summoning the driver of the bus, who is the best person to speak in this regard. Furthermore, after concluding the investigation, Police laid the charge sheet, Ex.A.2 4 MGP, J Macma_1637_2018 stating that the accident occurred only due to rash and negligent driving of the driver of the TSRTC bus. Therefore, in the absence of any rebuttal evidence, the contention of the learned Standing Counsel for the appellant-TSRTC that there is contributory negligence on the part of the injured and rider of the motor cycle, is not sustainable and is hereby rejected.
9. Insofar as the quantum of compensation is concerned, considering the evidence of P.W.2, doctor and P.W.3, Billing Manager of Omni Hospital, tribunal has rightly awarded Rs.2,13,137/- towards medicines and treatment; Rs.6,719/- towards O.P. charges, Lab Tests etc. and Rs.1,00,000/- towards future medical expenses. Considering Ex.A.3, injury certificate, the amount of Rs.35,000/- award by the Tribunal towards pain & suffering cannot be said to be on higher side. Although the claimant has claimed that he was earning Rs.10,000/- per month as agriculturist, in the absence of any proof in that regard, the Tribunal has rightly taken the monthly income of the claimant at Rs.3,000/-. Considering the age of the claimant as 35 years, anc considering Ex.A.7, disability certificate, issued by the Medical Board of Nagerkurnool, which was substantiated by the evidence of P.W.4, member of Medical Board, the tribunal has rightly assessed the permanent disability at 60% and rightly 5 MGP, J Macma_1637_2018 awarded Rs.3,24,000/- towards loss of income due to permanent disability. Thus, the quantum of compensation awarded by the Tribunal is just and reasonable and the same needs no interference by this Court. However, as regards the interest awarded by the Tribunal, as per the decision of the Apex Court in Rajesh and others v. Rajbir Singh and others1, the claimant is entitled to interest @ 7.5% per annum on the compensation awarded by the Tribunal from the date of petition till realization but not 9% as was awarded by the Tribunal.
10. Accordingly, the M.A.C.M.A. is disposed of by reducing the rate of interest from 9% to 7.5% per annum while maintaining the quantum of compensation awarded by the Tribunal. No costs.
Miscellaneous applications, if any, pending shall stand closed.
_______________________________ JUSTICE M.G. PRIYADARSINI 14.03.2023 gms/tsr 1 2013 ACJ 1403 = 2013 (4) ALT 35 6 MGP, J Macma_1637_2018 112 THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI M.A.C.M.A.No.1637 of 2018 DATE: 14.03.2023 gms/tsr