THE HON'BLE SRI JUSTICE P.SAM KOSHY
AND
THE HON'BLE SRI JUSTICE N.TUKARAMJI
M.A.C.M.A.No.1076 of 2023
JUDGMENT: (per Hon'ble Sri Justice P.SAM KOSHY)
Heard Sri P. Ravi Shanker, learned counsel for the
appellant/claimant and Sri Veeraswamy, learned counsel for the
respondents.
2. The present is an appeal filed by the appellant/claimant challenging the impugned award dated 17.01.2012 passed in M.V.O.P.No.1084 of 2005 by the Court of the Motor Accidents Claims Tribunal (I Addl. District Judge) Khamman (herein referred to as 'the Tribunal'). Vide the said impugned award, the Tribunal had granted a compensation of Rs.60,000/- with interest at the rate of 7.5% per annum.
3. The appellant is an employee of the Singareni Collieries Company Limited of Kothagudem area. He met with an accident on 24.07.2004 when his scooter bearing registration No.AP-16-D-5489 was hit by another motorcycle bearing registration No.AP-20-D- 8579. As a result of the said accident, the appellant is said to have sustained injuries on his head, ribs as also on his abdomen. The appellant moved an application under Section 166 of the 2 Motor Vehicles Act, 1988 (for short 'the Act') before the Tribunal seeking for compensation of Rs.30,00,000/- with interest.
4. The primary contention of the learned counsel for the appellant seeking for enhancement of the compensation is that by virtue of the injuries sustained from the said accident and the resultant injuries that the appellant had suffered with, he would not be able to join his duties back and therefore sought for voluntary retirement and in lieu his son was given dependent employment. Since there was loss of his employment, the appellant had sought for compensation with total loss of income.
5. Perusal of the record would show that the PW.3 - K.Prasanna Simha who is a himself in his evidence has stated that after the treatment there does not seem to any permanent disability, as such which was visible.
6. It was also the opinion of the Tribunal that sine there was no disability established, the reason for obtaining voluntary retirement and getting declared medically unfit was very unusual so far as the Tribunal is concerned. Nonetheless, for the injuries suffered and other accidental expenses which the appellant had undergone, the Tribunal has awarded Rs.50,000/- towards pain and suffering, Rs.2,000/- towards medical expenses, Rs.3,000/- towards extra nourishment and Rs.5,000/- towards transportation 3 for the period of treatment that the appellant had undertook. It is this quantification of compensation which has been assailed by the appellant in the present appeal.
7. On due consideration of the entire facts and circumstances of the case, particularly the evidence which has been discussed by the Tribunal so far as PW.3 is concerned, whereby PW.3 has specifically stated there does not seem to any permanent disability suffered by the appellant. We do not find that the award passed by the Tribunal to be unreasonably low. Nonetheless, what is apparent from the evidence of PW.3 is that the appellant had suffered certain major fractures. Five of his ribs were fractured and there was a fracture on the parietal bone skull. All of which are definitely quite serious in nature.
8. Though the appellant did receive timely proper medical attention and he could recover from the same. Nonetheless, considering the overall injuries which the appellant had suffered, we are of the considered opinion that it would be suffice if the compensation payable to the appellant is enhanced in lump sum by another Rs.1,20,000/- considering the injuries and the fact that he was hospitalized for a period of almost two (2) weeks and has also undergone certain surgeries for the fractures that he has sustained.
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9. As a consequence of enhancing the compensation by another Rs.1,20,000/-, the total compensation payable to the appellant comes to Rs.1,80,000/- instead of Rs.1,20,000/- as was awarded. Remaining part of the award so far as interest part is concerned, would remain intact.
10. The appeal stands allowed to the aforesaid extent. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
__________________ P.SAM KOSHY, J __________________ N.TUKARAMJI, J Date: 06.11.2023 GSD