THE HONOURABLE SMT. JUSTICE K. SUJANA
M.A.C.M.A.No.1259 of 2008
JUDGMENT:
Feeling aggrieved and dissatisfied with the judgment and decree dated 11.01.2008 in O.P.No.376 of 2006 passed by the Special Judge or Trial of Offences under SC/ST (POA) Act - cum - V Additional District and Sessions Court, Medak at Sangareddy (for short 'The Tribunal'), the appellant/claimant preferred the present appeal.
2. Vide the aforesaid award, the Tribunal has awarded an amount of Rs.53,780/- (Rupees Fifty-Three Thousand and Seven hundred Eighty only) as compensation with proportionate costs and interest at 7.5% per annum thereon from the date of petition till the date of realization. The Tribunal directed respondents to deposit the amount.
3. The appellant/claimant filed the claim petition before the Tribunal under Section 166 of the Motor Vehicles Act, 1988 for an amount of Rs.3,00,000/- (Rupees Three Lakhs only) for the injuries sustained by the appellant in the road accident.
4. Respondent No.1 is the owner of the Lorry and respondent No.2 is the Insurance Company Limited.
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5. Heard Sri L. Prabhakar Reddy, learned counsel appearing for the appellant as well as Sri P. Harinath Gupta, learned counsel appearing for respondent No.2-Insurance Company.
6. Insurance Company has not filed any appeal disputing the liability and also not disputing the amount awarded by the Tribunal.
7. It is the specific contention of learned counsel for the appellant that on 03.04.2005, the claimant was attending the repair works under the fort lift by lying under it. At about 07:10 a.m., near the main gate of Kirby Factory, the driver of trailor bearing No.RJ01G6326 drove his vehicle in a rash and negligent manner, took reverse and dashed to the 4th lift to which the claimant was attending mechanic work, as a result of which, it got forcible movement and the left side front tire ran over the right leg of claimant and he sustained fracture injuries to right tibia and right femur.
8. The Tribunal on considering the entire evidence, both oral and documentary, gave a finding that the accident had occurred due to rash and negligent driving of respondent No.1 and the same vehicle is insured with respondent No.2, as such, the Tribunal awarded an amount of Rs.53,780/- payable by respondent Nos.1 and 2. Aggrieved by the quantum, the claimants filed the present appeal. 3
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9. Learned counsel for the appellant contended that though he received fractural injuries and he was in the hospital for a period of more than one month, the Tribunal did not consider the same and awarded only meager amount.
10. On the other hand, learned counsel for the respondent No.2 submitted that the Tribunal awarded sufficient amount and there is no need to interfere in the said amount.
11. As seen from the record, to prove the claim, the appellant himself examined as P.W.1 and also examined P.Ws.3 and 4 and Exs.A1 to A18 are marked. On behalf of the respondent No.2, none were examined but Ex.B1 got marked.
12. To prove the injuries, Dr.G.Harinath Rao examined as P.W.3 and according to him, the appellant received two grievous injuries. For that, the appellant incurred an amount of Rs.89,941/- towards medical treatment and the same was reimbursed by Kirby Company. Dr.Naresh Prasad Hangodu examined as P.W.4 and according to him, the appellant received two grievous injuries. Taking into consideration, the evidences of P.Ws.3 and 4, the appellant received two grievous injuries.
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13. The Tribunal awarded an amount of Rs.50,000/- towards pain and suffering for two injuries which is reasonable and the same is maintained. Further, basing on Exs.A6 to A9, A12 and A13, the Tribunal awarded an amount of Rs.3,780/- towards medical expenses which is meager. Appellant is entitled for Rs.10,000/- for medical expenses. Further, Rs.25,000/- is awarded towards transportation charges and extra nourishment. Further, an amount of Rs.30,000/- under the head of loss of earnings taking the income of the appellant for consideration as Rs.5,000/- per month for a period of six (6) months. Further, damage to clothes Rs.5,000/- is awarded.
Heads Amounts
Pain and suffering (two grievous Rs.50,000/-
injuries Rs.25,000 X 2)
Medical expenses Rs. 10,000/-
Transportation and extra Rs.25,000/-
nourishment
Loss of temporary earnings Rs.30,000/-
Damage to clothes Rs.5,000/-
Total Rs.1,20,000/-
14. In the result, the appeal filed by the appellant is allowed in part. Accordingly, the Judgment and decree dated 11.01.2008 in 5 SKS,J MACMA.No.1259_2008 O.P.No.376 of 2008 passed by the Tribunal are modified enhancing the compensation from Rs.53,780/- to Rs.1,20,000/- (Rupees One Lakh Twenty Thousand only) with interest at the rate of 7.5% per annum from the date of petition till realization against respondents.
15. Respondents are jointly and severely liable to pay the same and directed to deposit the said amount with interest and costs after deducting the amount, if any deposited earlier, within one (1) month from the date of receipt of certified copy of this Judgment and thereafter, the appellant is permitted to withdraw the same. There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, shall stand closed.
_______________ K. SUJANA, J DATE:
SAI