Telangana High Court
Sk.Maqbool vs Fazaluddin Mohd And Anr on 23 November, 2023
THE HONOURABLE SMT. JUSTICE K. SUJANA
M.A.C.M.A.No.1132 of 2008
JUDGMENT:
Feeling aggrieved and dissatisfied with the judgment and decree dated 22.01.2008 in O.P.No.179 of 2005 passed by the Motor Accident Claims Tribunal-cum-V Additional District Judge, (Fast Track Court), 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.20,000/- (Rupees Twenty 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 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 Jeep bearing No. AP-25-U-1336 and respondent No.2 is the Insurance Company Limited. 2
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5. Heard Sri Y.S. Yella nand Gupta, learned counsel appearing for the appellant as well as Sri N. Mohan Krishna, learned counsel appearing for respondent No.2-Insurance Company.
6. Insurance Company has not filed any appeal disputing the liability and the amount awarded by the Tribunal.
7. It is the specific contention of learned counsel for the appellant that on 09.07.2004 the appellant along with others were travelling in the Jeep bearing No. AP-25-U-1336 at about 7:30 P.M., when the jeep reached near Boggu Gudisalu turning mean time the driver of the jeep drove the same in a rash and negligent manner, with high speed and lost control over the vehicle, due to which the jeep turned turtle. The appellant and other inmates of the jeep sustained multiple and grievous injuries.
8. The Tribunal on consideration of 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 was insured with respondent No.2, as such, the Tribunal awarded an amount of Rs.20,000/- 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 he received fractural injuries and he was in the hospital for a period of 40 days, the Tribunal did not considered the same and awarded only meager amount. 3
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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 examined himself as P.W.1 and also examined Medical Officer as P.W.2 and marked Exs.A1 to A4.
12. To prove the injuries, Dr. V. Akhilesh examined as P.W.2 and according to him, the appellant received three fractural injuries, which are grievous in nature.
13. The Tribunal awarded an amount of Rs.8,000/- towards pain and suffering for all the three injuries which is meager. As the appellant has received three fractural injuries, this Court is inclined to grant Rs.45,000/- under the head of pain and suffering. Basing on Exs.A3 and A4, the Tribunal awarded an amount of Rs.8,000/- towards medical expenses which is reasonable and the same is maintained. Further, the Tribunal has not awarded any amount towards transportation and extra nourishment. Therefore, the appellant is entitled for Rs.25,000/- towards transportation charges and extra nourishment. The Tribunal awarded an amount of Rs.4,000/- under the head of loss of earnings. This Court is inclined to take the income of the appellant as Rs.4,000/- per month and total Rs.24,000/- is awarded for a period of six (6) months and the appellant is entitled for Rs.5,000/- towards Damage to clothes.
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14. In the light of the above mentioned discussion, the claimant is entitled to the following amounts:
Heads Amounts
Pain and suffering Rs.45,000/-
Medical expenses Rs. 8,000/-
Transportation and extra Rs.25,000/-
nourishment
Loss of temporary earnings Rs.24,000/-
Damage to clothes Rs. 5,000/-
Total Rs.1,07,000/-
14. In the result, the appeal filed by the appellant is allowed in part. Accordingly, the Judgment and decree dated 22.01.2008 in O.P.No.171 of 2005 passed by the Tribunal are modified enhancing the compensation from Rs.20,000/- to Rs.1,07,000/- (Rupees One lakh Seven Thousand only) with interest at the rate of 7.5% per annum from the date of petition till realization against respondent Nos.1 and 2.
15. Respondent Nos.1 and 2 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 5 SKS,J MACMA.No.1132_2008 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: 23.11.2023 SAI