HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
M.A.C.M.A.NO.1061 OF 2015
JUDGMENT:
Heard learned counsel Sri T.Srujan Kumar Reddy for the appellant/claimant and Sri. Harinath Reddy Soma, learned standing counsel for respondent no.2.
2. The present appeal has been filed by the appellant/ claimant (being miner represented by her natural guardian and her father Sri. P.Ashok) dissatisfied with the award passed by the Motor Accidents Claims Tribunal-cum- Additional District Judge at Nizamabad (for short, 'MACT') in M.V.O.P.No.175 of 2009, dated 20.10.2014 and thereby seeking enhancement of compensation.
3. The brief factual matrix of the present appeal is as under.
4. On 01.04.2007 at about 6.30 pm, the appellant-P.Shirisha travelling as a pillion rider along with her parents on a motorcycle and when they reached near Satpur Gate at Yedpally village an Auto trolley bearing registration No.AP-25-V-1695 dashed the said motorcycle from opposite direction at high speed in rash and negligent manner and due to which, the appellant and her father received sustained injuries and appellant was shifted to LNA,J MACMA No.1061 of 2015 2 Government Hospital, Nizamabad. The Police, Yedpally P.S., registered a case in Crime No.31/2007 under Sections 337 against the driver of the offending vehicle and filed charge sheet.
5. The claimant, i.e., petitioner No.1 has filed claim petition against owner of the vehicle and insurance company under Section 166(1)(a) of Motor Vehicles Act, 1988 before the MACT claiming compensation of Rs.1,50,000/- along with interest from the date of the filing of this petition till the date of realization.
6. The appellant/claimant was aged about 10 years as on the date of accident, hale and healthy and was student. Due to the accident, she could not attend the school and lost one academic year and further due to injury, she developed limping and her marriage prospects became bleak.
7. The respondent No.2-owner of offending vehicle remained ex- parte. The 1st respondent-Insurance Company filed counter denying the allegations made in the claim petition and denied that the driver of the Auto trolley having valid driving license and further, the insured and insurer of auto are necessary parties and that the compensation claimed by the petitioners is highly LNA,J MACMA No.1061 of 2015 3 exorbitant and excess and therefore, prayed for dismissal of the claim petition.
8. On the basis of the above pleadings, the MACT framed the following issues:
i) Whether the accident has taken place due to rash and negligent driving of auto bearing No.AP-25-V-1695 by its driver?
ii) Whether the petitioner is entitled for compensation. If so, to what amount and against whom?
iii) To what relief ?
9. In order to substantiate the case, P.Ws.1 and 2 were examined and Exs.A1 to A9 were marked on behalf of the claimant. To disprove the claim of the appellant, the 1st respondent- insurance company did not examine any witness and produce any document.
10. The MACT after considering the evidence placed on record, came to conclusion that the accident took place due to rash and negligent driving of the Auto trolley bearing registration No.AP-25- V-1695 and awarded compensation of Rs.29,250/- along with interest @ 7.5% per annum from the date of petition till the date of LNA,J MACMA No.1061 of 2015 4 depositing of amount. The owner of the offending vehicle and the Insurance company i.e., respondent Nos.1 & 2 were held to be jointly and severally liable to pay the compensation.
11. During the course of hearing, learned counsel for appellant/claimant contended that the MACT awarded very meager amount of Rs.29,250/- as against the claim of Rs.1,50,000/- despite sufficient material available on record. He further contended that MACT did not consider evidence of P.W:1 & P.W:2 and also Exs: A1 to A9 filed on behalf of appellant/claimant. He further contended that the MACT ought to have considered the age of the claimant, pain and suffering and also loss of one academic year and the disability sustained by her due to accident.
12. Per contra, learned counsel for the respondent-insurance company would submit that MACT had awarded proper and just compensation by duly considering the material, evidence placed on record. He further contended that the appellant failed to adduce any evidence with regard to alleged loss of academic year, limping due to injury ect., and therefore, no grounds are made out to interfere with award passed by the MACT.
LNA,J MACMA No.1061 of 2015 5 Consideration:
13. The MACT on due consideration of evidence of PW1 who is father of the claimant and PW2-Doctor, who treated the claimant and also Exs:A1 to A9, came to conclusion that claimant sustained one grievous injury and one simple injury and thus, awarded following amounts:
Sl.No. Head Compensation
awarded
1 Grievous injury, simple Rs.25,000/-
injury and pain & suffering
2 Extra nourishment Rs. 1,500/-
3 Transport charges Rs. 500/-
4 Medical expenses Rs.2,250/-
Total Rs.29,250/-
14. Perusal of the award passed by the MACT shows that the Tribunal did not believe and consider the evidence of the Doctor who said to have treated the claimant, who stated that the claimant suffered with fracture of Telus neck right side and claimant was treated conservatively. It is also evident from the award that no evidence, material was placed by claimant with LNA,J MACMA No.1061 of 2015 6 regard to grievous injury, shortening and limping of the claimant and also loss of academic year and further stoppage of studies.
15. Though, the Tribunal came to conclusion that the claimant sustained one grievous injury, one simple injury, the amount awarded by the Tribunal is too meagre and therefore, in considered view of this Court, it is just and proper to enhance the compensation amount as under:-
Sl.No. Head Compensation awarded
1 Grievous injury Rs. 25,000/-
2 Simple injury Rs. 15,000/-
3 Pain and suffering Rs. 10,000/-
4 Extra nourishment Rs. 5,000/-
5 Transport charges Rs. 1,000/-
6 Medical expenses Rs. 2,250/-
Total: Rs.58,250/-
Conclusion:
16. The Appeal is allowed partly enhancing compensation from Rs.29,250/- to Rs.58,250/- with interest @ 7.5% per annum from the date of petition till the date of realization. The respondent LNA,J MACMA No.1061 of 2015 7 no.1-Insurance Company shall deposit the compensation amount within a period of eight (8) weeks from the date of receipt of copy of this order by duly adjusting the amounts, if any, already paid to the claimant and the permission to withdrawal shall be in terms of the award passed by the MACT. There shall be no order as to costs.
17. Pending miscellaneous applications if any shall stand closed.
[[ ____________________________________ LAXMI NARAYANA ALISHETTY,J Date: 29.09.2023 Ktm/kkm LNA,J MACMA No.1061 of 2015 8 HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY M.A.C.M.A.NO.1061 OF 2015 Date: 29 .09.2023 Ktm/kkm