HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
M.A.C.M.A.No.1468 OF 2007
JUDGMENT:
This appeal is preferred by the appellant-Injured, questioning the order and decree, dated 12.03.2007 passed in O.P.No.801 of 2004 on the file of the Chairman, MACT-Cum-V Additional District and Sessions Judge, Warangal (for short, the Tribunal).
2. For the sake of convenience, the parties have been referred to as arrayed before the Tribunal.
3. The petitioner filed a petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.2,50,000/- for the sustained injuries by him in a motor vehicle accident. It is stated that on 27.02.2003 at 10:00 am in front of B.Ed College, Lashkar Bazar, Hanamkonda an accident occurred due to rash and negligent driving of the driver of the Auto rickshaw bearing No.AP-36-T-7542, in the said accident he received grievous injuries and inspite of prolonged treatment by spending huge amount he was not recovered from that injuries and resulted permanent disability.
4. Before the Tribunal, first respondent Nos.1 to 3 filed counter and denied the material averments made in the petition. 2
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5. Basing on the above pleadings, the following issues are framed before the Tribunal:-
1) Whether the accident took place due to rash and negligent driving of vehicle bearing No.AP-36-C-1664 (Scooter) driven by its driver, as per Section 166 of M.V.Act ?
2) Whether the petitioner is entitled for compensation? If so, to what amount and from whom?
3) To what relief?
6. During trial, on behalf of the claimant, PW-1 to PW-5 are examined and got marked Exs.A1 to A19. On behalf of the respondents, Ex.B-1 Copy of Policy is marked by consent.
7. After considering the oral and documentary evidence on record, the Tribunal came to the conclusion that the accident occurred due to the rash and negligent driving of the driver of the auto rickshaw and awarded total compensation of Rs.55,000/- with interest @ 7.5% per annum. Dissatisfied with the quantum of compensation, the appellant filed the present appeal, seeking enhancement of the same.
8. Heard both sides and perused the material available on record.
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9. The main contention of the learned Counsel for the appellant is that the Court below erred in awarding the compensation for disability @ 20% and granted very meager for the injuries received in the accident.
10. By taking into account the Income Tax Returns filed under Ex.A-13 and Ex.A-15 to Ex.A-18 which are Certificate issued by the Bar Council and Vakalat in various cases, it is clear that the injured is stated to be working as Advocate and an Income Tax Assessee, as such I am inclined to fix the monthly income of the deceased at Rs.6,000/-. The appellant filed Ex.A.9, disability certificate, which shows the disability of the appellant at 20%. The appellant examined P.W.2, the doctor who treated the appellant, who admitted to have filed Ex.A.11 and deposed about the nature of injuries sustained by the appellant. Therefore, I am inclined to take the disability of the appellant at 20%. Since as per the I.T returns, his monthly income is fixed at Rs.6,000/-, his 20% of his annual income would be Rs.6,000/- X 12 X 20/100 = Rs.14,400/-.
11. As the appellant was aged about 47 years at the time of accident, the appropriate multiplier is '13'. Hence, the 4 NBK, J MACMA_1468_2007 compensation under the head 'loss of income' comes to Rs.1,87,200/- {Rs.14,400/- X 13}.
12. Therefore, the total compensation comes to Rs.2,42,200/-. (Rs.20,000/- Loss of earnings, Rs.20,000/- Medical & Extra-nourishment, Rs.5,000/- Pain & Suffering, Rs.10,000/- Fractures awarded by Lower Court and Rs.1,87,200/- awarded by this Court under General/Special damages).
13. In the result, the Motor Accident Civil Miscellaneous Appeal is allowed enhancing the compensation amount awarded by the Tribunal from Rs.55,000/- to Rs.2,42,200/-. The enhanced amount shall carry interest @ 7.5% per annum from the date of claim petition till realization. The owner and insurer/respondents are jointly and severally liable to pay the compensation as they are directed to deposit the awarded amount by setting of the amounts, if any, within one month from the date of receipt of a copy of this judgment.
Miscellaneous petitions pending, if any, shall stand closed. No costs.
____________________________ NAGESH BHEEMAPAKA, J 12.10.2023 VRKS 5 NBK, J MACMA_1468_2007 HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA M.A.C.M.A.No.1468 OF 2007 12.10.2023 VRKS