THE HONOURABLE SMT. JUSTICE K. SUJANA
M.A.C.M.A.No.2541 of 2008
JUDGMENT:
Feeling aggrieved and dissatisfied with the judgment and decree dated 25.02.2008 in O.P.No.1979 of 2002 passed by the Chairman, Motor Accidents Claims Tribunal cum- I Additional District Judge, Nizamabad (for short 'The Tribunal'), the appellant/claimant preferred the present appeal.
2. Vide the aforesaid award, the Tribunal has awarded an amount of Rs.97,000/- (Rupees Ninety-Seven Thousand 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 respondent Nos.1 and 2 to deposit the amount.
3. The appellant/claimant filed the claim petition before the Tribunal under Section 166(1)(a) of the Motor Vehicles Act, 1988 r/w Rule 455 of the A.P.M.V Rules, 1989 for an amount of Rs.6,00,000/- (Rupees Six Lakhs only) for the injuries sustained by the appellant in the road accident.
4. Respondent No.1 is the owner of the Bus bearing No.AP 11Z 1461 and respondent No.2 is the APSRTC.
5. Heard Sri Lakkadi Dayaker Reddy, learned counsel appearing for the appellant as well as Sri Thoom Srinivas, learned Standing Counsel appearing for respondents.
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6. Insurance Company has not filed any appeal in 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 05.06.2002 the appellant along with other passengers were travelling in APSRTC bus bearing No.AP 11Z 790 from Nizamabad to Bodhan at about 05:30 A.M. When the bus reached near Janakampet village sivara, Yedpally Mandal Nizamabad District, a bus bearing No.AP11Z 1461 driven by its driver in rash and negligent manner in high speed dashed the bus bearing No.AP 11Z790 from opposite direction, due to which the petitioner and several passengers received severe injuries and fractures.
8. The Tribunal 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 from respondent No.2-Corporation, as such, the Tribunal awarded an amount of Rs.97,000/- payable by respondent Nos.1 and 2. Aggrieved by the quantum, the claimants filed the present appeal.
9. Learned counsel for the appellant contended that though she received fractural injuries and hospitalized for a period of six months, the Tribunal did not consider the same and awarded only meager amount. 3
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10. On the other hand, learned counsel for the respondents submitted that the Tribunal awarded sufficient amount and there is no need to enhance the said amount.
11. As seen from the record, to prove the claim, the appellant himself examined as P.W.1 and also examined Medical Officer as P.W.2 and marked Exs.A1 to A3 and Ex.C1.
12. To prove the injuries, Dr. Akilesh examined as P.W.2 and according to him, the appellant received three injuries. Out of them, two are grievous fractural injuries and one is simple injury.
13. The Tribunal awarded an amount of Rs.12,000/- towards injuries and Rs.45,000/- towards pain and suffering. Further, basing on Ex.A3, the Tribunal awarded an amount of Rs.20,000/- towards medical expenses which is reasonable and the same is maintained. Further, the Tribunal awarded an amount of Rs.5,000/- towards transportation charges which is meager. Therefore, an amount of Rs.25,000/- is awarded towards transportation and extra nourishment. Further, the Tribunal awarded an amount of Rs.15,000/- 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 three (3) months which is meager amount as the appellant is an agriculturist and milk vendor. Now, the income of the appellant is taken as Rs.6,000/- per month, further, she sustained fractural injuries, she might 4 SKS,J MACMA.No.2541_2008 have not attended for her regular duties for a period of six (6) months, as such, loss of income has to be awarded for a period of six (6) months. Therefore, Rs.36,000/- is awarded for a period of six (6) months. Further an amount of Rs.5,000/- is awarded towards Damage to clothes.
14. In the light of the above mentioned discussion, the claimants are entitled to the following amounts:
Heads Amounts
Compensation for two grievous Rs.10,000/-
injuries Rs.5,000 X 2
Compensation for one simple injury Rs.2,000/-
Compensation for pain and Rs.45,000/-
suffering
Medical expenses Rs. 20,000/-
Transportation and extra Rs.25,000/-
nourishment
Loss of temporary earnings Rs.30,000/-
Damage to clothes Rs.5,000/-
Total Rs.1,37,000/-
15. In the result, the appeal filed by the appellant is allowed in part. Accordingly, the Judgment and decree dated 25.02.2008 in O.P.No.1979 of 2002 passed by the Tribunal is modified enhancing the compensation from 5 SKS,J MACMA.No.2541_2008 Rs.97,000/- to Rs.1,37,000/- (Rupees One Lakh Thirty-Seven Thousand only) with interest at the rate of 7.5% per annum from the date of petition till realization against respondents.
16. 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