HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
M.A.C.M.A.No.2941 OF 2007
JUDGMENT:
This appeal is preferred by the appellant-Injured, questioning the order and decree, dated 16.05.2007 passed in O.P.No.1437 of 2002 on the file of the Chairman, MACT-Cum- (III ADJ), (FTC), Nizamabad (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 (1) (a) of the Motor Vehicles Act,1988 and Rule 455 of A.P.M.V.Rules, 1989 claiming compensation of Rs.2,00,000/- for the sustained injuries by him in a motor vehicle accident. It is stated that on 05.09.2002 he was travelling in the 1st respondent's jeep bearing No.AP-11-F-9812 insured with 2nd respondent in policy cover note No.60116 from village Nyavanandi to Bheemgal village and at about 10:30 am, when the said jeep reached the limits of Narsingpally village on Sirikonda to Bheemgal road its driver drove it in high speed in a rash and negligent manner and lost control. As a result of it, the jeep turned turtle and all the inmates have fell down and petitioner came under the jeep and sustained fracture to 2 NBK, J MACMA_2941_2007 right hand, other grievous injuries to right knee, nose and other injuries all over the body. Immediately after the accident he was taken to Government Hospital, Bheemgal, later he took treatment from private doctors and incurred an expenditure of Rs.80,000/- for the medicines and other incidental charges. Before the aforesaid accident, the petitioner was having income of Rs.8,000/- per month from agriculture. The Police Sirikonda registered a case in Cr.No.55 of 2002 for the offence under Section 338 of IPC against the jeep driver. Therefore, he laid the claim against the respondents.
4. Before the Tribunal, first respondent remained exparte and 2nd respondent filed written statement and denied the material averments made in the petition.
5. Basing on the above pleadings, the following issues are framed before the Tribunal:-
1) Whether the accident was occurred due to the rash and negligent driving of jeep bearing No.AP-11-F- 9812 by its driver ?
2) Whether the petitioner is entitled for compensation? If so, to what amount and against which of the respondents ?3
NBK, J MACMA_2941_2007
3) To what relief?
6. During trial, on behalf of the claimant, PW-2 is examined and got marked Exs.A1 to A5 and Ex.C1. On behalf of the respondents, Nizamabad Branch Manager Sri A.S.S.Srinivasa Rao was examined as RW-1 and got marked Ex.B-1 and Ex.B-2.
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 jeep and awarded total compensation of Rs.9,000/- with interest @ 7.5% per annum, i.e., Rs.6,000/- towards four simple injuries, Rs.2,000/- towards medical expenses, Rs.1,000/- towards transportation. 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.
9. The main contention of the learned Counsel for the appellant is that the Court below erred in not awarding the 4 NBK, J MACMA_2941_2007 compensation towards pain and suffering due to the injuries received in the accident.
10. A perusal of the record, it reveals that Rs.6,000/- awarded towards four simple injuries, Rs.2,000/- towards medical bills and Rs.1,000/- towards transportation are meager, as such this Court is inclined to enhance the amount of compensation by Rs.24,000/- for the four injuries, Rs.5,000/- for medical expenditure and Rs.3,000/- for transportation.
11. At this juncture, it is also pertinent to note that the learned Tribunal failed to award any amount under the head of extra-nourishment. Therefore, if an amount of Rs.20,000/- is awarded towards extra-nourishment for the nature of injuries sustained by the petitioner, it would meet the ends of justice. Except the above said enhancements, the Judgment of the Tribunal remains unchanged.
12. In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed, enhancing the compensation amount awarded by the Tribunal from Rs.9,000/- to Rs.52,000/-. The 5 NBK, J MACMA_2941_2007 enhanced amount shall carry interest @ 7.5% per annum from the date of claim petition till realization.
Miscellaneous petitions pending, if any, shall stand closed. No costs.
______________________ NAGESH BHEEMAPAKA, J 12.09.2023 VRKS 6 NBK, J MACMA_2941_2007 HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA M.A.C.M.A.No.2941 OF 2007 12.09.2023 VRKS