Telangana High Court
Jampala Urmila vs Md.Azeemuddin And Anr on 2 August, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.2815 of 2008
JUDGMENT:
This appeal is filed by the claimant aggrieved by the award dated 05.09.2005 in MVOP No.895 of 2003 passed by the Chairman, Motor Vehicle Accidents Claims Tribunal (I Addl. District Judge, Warangal.
2. Heard both sides and perused the entire material on record.
3. The claim petition was filed seeking compensation of Rs.2,50,000/- and the Tribunal has granted compensation of Rs.40,000/- with interest @ 7.5% per annum from the date of petition till the date of deposit.
4. The case of the claimant is that on 22.01.2003, the claimant boarded auto along with her daughter to reach her village. However, while they were on the way, the offending vehicle which is a lorry driven by its driver in a rash and negligent manner with high speed hit the auto resulting in the claimant receiving fracture injuries, which are 1) Olcaranon fracture, 2) fracture radius middle 1/3rd and 3) cheek fracture distal end radius right. She also received fractures to right arm KS, J MACMA_2815_2008 2 elbow and dislocation of elbow. According to her, though she had taken continuous treatment, she did not get back to normal. The Medical Board issued disability certificate certifying that she sustained 20% permanent partial disability.
5. The liability of the Insurance company and the injuries are not in dispute, so also disability of the claimant. The Doctor who treated the claimant was also examined as PW2 regarding injuries and disability factor.
6. Learned counsel for the appellant would submit that the disability certificate issued by the Medical board under Ex.A7 was not considered. The Tribunal ought to have granted compensation on the basis of the disability considering her income at Rs.3,000/- per month.
7. Learned counsel for the Insurance company would submit that no proof is filed regarding income of the claimant.
8. According to the claimant, she was working as daily wage labourer and earning Rs.100/- per day @ Rs.3,000/- per month. One cannot expect there to be any documentary proof of such income when she was working as a daily wage labourer at KS, J MACMA_2815_2008 3 different places. Accordingly, this Court is inclined to consider the monthly income at Rs.2,500/- and grant compensation.
9. As per the disability certificate Ex.A7 issued by the Medical board, the claimant has sustained 20% disability.
10. According to Ex.A4 Medical certificate issued by the treating doctor PW2, the claimant has sustained three fractures, for which, this Court is inclined to grant an amount of Rs.60,000/- (Rs.20,000x3).
11. Since this Court is inclined to take the monthly income at Rs.3,000/-, as per the age of the claimant i.e. 40 years as on the date of accident, if 25% future prospects are added, the annual income would come to Rs.45,000/- (Rs.3,000+750X12). As per Schedule II of the Act, if the said annual contribution arrived is multiplied with relevant multiplier to the age of the claimant i.e.15, the total amount comes to Rs.6,75,000/-. Hence, the claimant is entitled Rs.1,35,000/- (Rs.6,75,000X20/100) for loss of future income due to disability.
12. Basing on the evidence available on record, the Tribunal has granted an amount of Rs.25,000/- towards pain and KS, J MACMA_2815_2008 4 suffering, Rs.5,000/- towards medical bills and Rs.10,000/- and this court is not inclined to interfere with the said findings.
13. The Tribunal has not granted any amount under the other conventional heads. Hence, this Court is inclined to grant an amount of Rs.5,000/- for transportation & attendant charges and Rs.5,000/- for extra nourishment.
14. In the light of the above discussion, the claimant is entitled for the following compensation under different heads:
Head Compensation awarded
(1) Loss of earnings due to disability Rs.1,35,000
(2) Loss of income Rs.10,000
(3) Medical bills Rs.5,000
(4) Three grievous injuries Rs.60,000
(5) Pain and suffering Rs.25,000
(6) Transportation and attendant charges Rs.5,000
(7) Extra nourishment Rs.5,000
Total compensation awarded Rs.2,45,000/-
15. In the result, the Motor Accident Miscellaneous Appeal is partly allowed enhancing the compensation amount awarded KS, J MACMA_2815_2008 5 by the Tribunal from Rs.40,000/- to Rs.2,45,000/- as hereunder:
(a) The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization.
(b) The respondents shall deposit the amount within a period of (8) weeks from the date of receipt of copy of judgment. On such deposit, claimant is permitted to withdraw entire amount without furnishing any security.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
__________________ K.SURENDER, J Date : 02.08.2024 gvl