Telangana High Court
Mohd. Habibullah , Habibullah vs Mr. J. Deva Goud, Major on 29 November, 2023
THE HONOURABLE SMT. JUSTICE K. SUJANA
M.A.C.M.A.No.1779 of 2008
JUDGMENT:
Feeling aggrieved and dissatisfied with the judgment and decree dated 22.01.2008 in O.P.No.274 of 2002 passed by the Motor Accident Claims Tribunal-cum-VI Additional District Judge, (Fast Tract 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.17,000/- (Rupees Seventeen 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.2,00,000/- (Rupees Two Lakhs only) for the injuries sustained by the appellant in the road accident.
4. Respondent No.1 is the owner of the Owner of the Jeep bearing No.AP23/B2557 and respondent No.2 is the Insurance Company Limited.
5. Heard Sri S. Surender Reddy, learned counsel appearing for the appellant.
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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 19.01.2002 he was travelling on scooter bearing No.AP 25 C 142 as pillion rider with one Mohd. Abdul Khan as the rider. When their scooter reached the outskirts of Machareddy at about 06:30 P.M., a jeep bearing No.AP23/B2557 came at high speed in a rash and negligent manner on wrong side of the road and dashed the scooter from opposite direction and caused te accident.
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 is insured with respondent No.2, as such, the Tribunal awarded an amount of Rs.17,000/- 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 05 days, the Tribunal did not considered 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.
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11. As seen from the record, to prove the claim, the appellant examined himself as P.W.1 and marked Exs.A1 to A11 on behalf of the appellant and Ex. B1 is marked on behalf of the respondent.
12. To prove the injuries, the appellant has filed Ex.A3-Injury certificate issued by the Owaisi Hospital, Ex.A7-prescriptions, Ex.A8-discharge summary and Ex.A10-OP tickets.
13. The Tribunal awarded an amount of Rs.10,000/- towards pain and suffering for all the four injuries which is meager. As the appellant received head injury, he is entitled for Rs.15,000/- for head injury and Rs.5,000/- for one simple injury under the head of pain and suffering. Basing on Ex.A7, the Tribunal awarded an amount of Rs.1,000/- towards medical expenses which is meager. This Court is inclined to grant Rs.5,000/- towards Medical Expenses. The Tribunal awarded an amount of Rs.1,000/- towards transportation charges, which is not sufficient. Therefore, this Court is inclined to grant Rs.25,000/- towards transportation charges and extra nourishment. The Tribunal has not awarded any amount under the head of loss of earnings. As the petitioner is giving tuitions, the income of the appellant is taken as Rs.5,000/- per month and total Rs.15,000/- is awarded for a period of three (3) months and the appellant is entitled for an amount of Rs.5,000/- towards Damage to clothes. 4
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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 (one head injury
Rs.15,000 X 1 and one simple Rs.20,000/-
injuries Rs.5,000 X 1)
Medical expenses Rs. 5,000/-
Transportation and extra
Rs.25,000/-
nourishment
Loss of temporary earnings Rs.15,000/-
Damage to clothes Rs. 5,000/-
Total Rs.70,000/-
15. 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.274 of 2002 passed by the Tribunal are modified enhancing the compensation from Rs.17,000/- to Rs.70,000/- (Rupees Seventy 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.
16. 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.1779_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: 29.11.2023 SAI 6 SKS,J MACMA.No.1779_2008 THE HON'BLE SMT. JUSTICE K. SUJANA M.A.C.M.A.No.1779 of 2008 Date: 29.11.2023 SAI