Telangana High Court
Vadla Bhagya Laxmi vs Sri B.V. Durgha Prasad on 29 November, 2023
THE HONOURABLE SMT. JUSTICE K. SUJANA
M.A.C.M.A.No.1769 of 2008
JUDGMENT:
Feeling aggrieved and dissatisfied with the judgment and decree dated 11.01.2008 in O.P.No.1434 of 2001 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.22,500/- (Rupees Twenty-Two Thousand Five Hundred 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 Two Lakhs only) for the injuries sustained by the appellant in the road accident.
4. Respondent No.1 is the lorry driver 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 06.11.2000 the appellant and her parents were traveling in the auto bearing No.AP 23 U 5381 from village Pathur to Kamareddy at about 12:00 noon, when the said auto reached near Yellakatta vagu bridge in the limits of Bhiknoor, a lorry bearing No. AP 16 T 6248 came at high speed in a rash and negligent manner, driver lost control and dashed the auto. As a result, the appellant and other inmates received 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 is insured with respondent No.2, as such, the Tribunal awarded an amount of Rs.22,500/- 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 06 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 himself examined as P.W.1 and also examined Medical Officer as P.W.2 and marked Exs.A1 to A5.
12. To prove the injuries, Dr. Ajay Kumar examined as P.W.2 and according to him, the appellant received one grievous injury. Ex.A3-injury certificate issued by him.
13. The Tribunal awarded an amount of Rs.10,000/- towards pain and suffering for one grievous injury which is meager. This Court is inclined to grant Rs.15,000/- towards pain and suffering for one grievous injury. The Tribunal awarded an amount of Rs.5,000/- towards medical expenses which is not sufficient. This Court is inclined to grant Rs.10,000/- towards Medical Expenses. The Tribunal awarded an amount of Rs.2,000/- towards transportation charges and Rs.1,000/- for extra nourishment. This Court is inclined to grant Rs.25,000/- towards transportation charges and extra nourishment. Further, the Tribunal awarded an amount of Rs.4,500/- under the head of loss of earnings taking the income of the appellant for consideration as Rs.1,500/- per month for a period of thee (3) months which is meager amount as the appellant is an agriculturist and milk vendor. This Court is inclined to take the income of the appellant 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.
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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.15,000/-
Medical expenses Rs. 10,000/-
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 11.01.2008 in O.P.No.1434 of 2001 passed by the Tribunal are modified enhancing the compensation from Rs.22,500/- 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.1769_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.1769_2008 THE HON'BLE SMT. JUSTICE K. SUJANA M.A.C.M.A.No.1769 of 2008 Date: 29.11.2023 SAI