Telangana High Court
Saida Begum vs B. Ramesh on 24 January, 2024
Author: G. Radha Rani
Bench: G. Radha Rani
THE HONOURABLE DR.JUSTICE G. RADHA RANI
M.A.C.M.A.No.3958 OF 2008
JUDGMENT:
This appeal is filed by the injured - claimant aggrieved by the award and decree dated 20.10.2005 passed in O.P.No.232 of 2003 by the Motor Accident Claims Tribunal (for short "The Tribunal") (IV Additional District Judge - Fast Track Court), Nizamabad, seeking enhancement of compensation.
2. The appellant - claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.1,50,000/- for the injuries sustained by her in a motor vehicle accident on 02.08.2002 at about 08:30 PM at Balkonda Village near Vannel (B) Chowrastha at a distance of 1 KM from PS, Balkonda.
3. The petitioner stated that she was aged 32 years, R/o.Pochampad Village, Balkonda Mandal. She was earning Rs.8,000/- per month from agriculture and also by doing tailoring work. On 02.08.2002 at about 08:30 PM while she along with others was travelling in an auto bearing No.AP-25-T-9631 from Armoor to Mupkal and when reached near Vannel (B) Chowrasta in Balkonda Village, the driver of the auto drove the same in a rash and negligent manner with high speed and hit a motor cycle, due to which the auto turned turtle and the claimant sustained fractures and other injuries. PS, Balkonda registered a 2 Dr.GRR, J macma_3958_2008 case vide Crime No.110 of 2002 and filed charge-sheet against the driver of the auto bearing No.AP-25-T-9631. The petitioner stated that immediately after the accident, she was shifted to Government Civil Hospital, Balkonda from there to Government Hospital, Nizamabad. Thereafter, she had taken treatment at a private Hospital of Dr.G.Prakash at Armoor. She sustained fracture of left leg, a surgery was performed and rods were inserted. Inspite of the best treatment, she sustained permanent disability and loss of earnings. As such, the petitioner claimed compensation from respondents 1 to 3, the previous and present owner of the auto bearing No.AP-25-T-9631 and its insurer.
4. The respondents 1 and 2 remained ex-parte.
5. The respondent No.3 filed counter. He called for strict proof of the petition averments. The respondent No.3 contended that respondent No.1 had not informed the Company about the transfer of the vehicle in the name of respondent No.2. The same was in violation of the policy condition. As such, they were not liable to pay any compensation to the claimant and prayed to dismiss the petition.
6. The Tribunal caused enquiry after framing the issues. The claimant examined herself as PW.1 and got marked Exs.A1 to A9 in her favor. She also examined Dr.G.Prakash, Orthopedic Surgeon who treated her as PW.2. The respondent No.3 got examined a Junior Assistant of their Company as RW.1 3 Dr.GRR, J macma_3958_2008 and got marked the copy of the Insurance Policy as Ex.B1 and the copy of the transfer particulars of the crime vehicle as Ex.B2.
7. On considering the oral and documentary evidence on record, the Tribunal awarded a sum of Rs.47,500/- to the claimant with proportionate costs and interest @ 7.5 % per annum from the date of petition till the date of deposit and held the respondents 2 and 3 jointly and severally liable to pay the said compensation.
8. The Tribunal awarded an amount of Rs.5,000/- towards the grievous injury sustained by the claimant, Rs.20,000/- towards medical expenses, Rs.10,000/- towards pain and suffering, Rs.7,500/- towards loss of income for a period of three months, Rs.5,000/- towards transportation and extra nourishment.
9. Aggrieved by the said award and decree of the Tribunal, the claimant preferred this appeal contending that the Tribunal did not appreciate the evidence of PWs.1 and 2 with regard to the fracture and other injuries sustained by the claimant and that she incurred huge expenses towards treatment, transportation, extra nourishment, attendant charges, lodging, etc. The Tribunal had not awarded compensation under all the heads. The income of the claimant was not fixed properly. No proper multiplier was applied and prayed to modify the award and decree by awarding just compensation. 4
Dr.GRR, J macma_3958_2008
10. Heard Sri K.M.Mahender Reddy, learned counsel for the appellant - claimant and Smt.I.Maamu Vani, learned counsel for the respondent No.3 - Insurance Company.
11. The evidence of PW.1 would disclose that she sustained fracture of left leg and injuries on left hand and other parts of the body. Immediately after the accident, she was shifted to Balkonda Government Hospital and thereafter she was treated at Aparna Hospital at Armoor by Dr.G.Prakash. She underwent operation for the fracture injury and rod was inserted in her left leg. She was admitted as in-patient in the said hospital for 17 days, spent Rs.1,00,000/- towards her treatment. Prior to the accident, she used to attend agricultural work and used to do tailoring work and was earning Rs.7,000/- to Rs.8,000/- per month. After the accident, she was unable to attend such works, as she was still suffering with pain in the left leg.
12. She also got examined Dr.G.Prakash, Orthopedic Surgeon of Aparna Hospital at Armoor as PW.2. PW.2 stated in his evidence that the clamant was admitted in his hospital on 02.08.2002 with a swelling deformity of left thigh, fracture of left femur, which was grievous in nature. A surgery was performed on her and a K-nail was fixed on 07.08.2002 by Open Reduction and Internal Fixation (for short "ORIF"). The patient was advised bed rest for a period of three months and admitted the document marked under Ex.A4 (discharge 5 Dr.GRR, J macma_3958_2008 prescription and case summary). The evidence of PW.2 would not disclose the claimant sustaining any permanent disability. The appellant - claimant had also not filed any certificate issued by the Medical Board assessing the disability. As such, this Court finds no fault with the award of the Tribunal in not awarding any amount towards permanent disability.
13. However, the evidence of PWs.1 and 2 and Ex.A4 would disclose that the appellant - claimant sustained fracture shaft of left femur and she was admitted as in-patient in a private hospital (Aparna Hospital) from 02.08.2002 to 19.08.2002 and an operation was performed on her and a K-nail was fixed. The evidence of PW.2 also would disclose that the claimant required bed rest for a period of three months. The appellant - claimant contended that she was earning Rs.7,000/- to Rs.8,000/- by doing agriculture and tailoring work.
14. The learned counsel for the appellant - claimant relied upon the judgment of the Hon'ble Apex Court in Savita and Others v. Divisional Manager, Maharashtra State Road Transport Corporation 1 , wherein the notional income of an agriculturist was considered as Rs.5,000/- per month. He also relied upon the judgment of the Hon'ble Apex Court in Laxmidhar Nayak and Others v. Jugal Kishore Behera and Others 2, wherein the monthly income of 1 2018 ACJ 2863 2 (2018) 1 SCC 746 6 Dr.GRR, J macma_3958_2008 a female agricultural laborer and her contribution to house-hold work was considered as Rs.4,500/- per month.
15. Considering the above judgment of the Hon'ble Apex Court in Laxmidhar Nayak and Others v. Jugal Kishore Behera and Others (cited supra), as the claimant is also contending that she was working as an agricultural laborer and as she is also a home-maker, her income can be considered as Rs.4,500/- per month. As per the evidence of PW.2, the loss of income can be calculated for a period of three months. As such, the loss of income sustained by the claimant for a period of three months can be taken as Rs.4,500/- x 3 = Rs.13,500/-.
16. As the injury sustained by the appellant - claimant is grievous in nature, an amount of Rs.30,000/- can be awarded towards "pain and suffering"
sustained by her due to this injury. As some of the family members of the appellant - claimant might have attended to her during the period of her treatment as in-patient in the Hospital and also during the period of her recovery supporting her by leaving their regular work, it is considered fit to award an amount of Rs.10,000/- towards attendant charges. As the appellant - claimant is a resident of Pochampad Village and had taken treatment at Armoor and might have also visited the doctor for follow-up treatment, it is considered fit to award an amount of Rs.3,000/- towards transportation "to and fro" to the hospitals and 7 Dr.GRR, J macma_3958_2008 Rs.5,000/- towards extra nourishment. Even though, no medical bills were filed by the claimant in proof of the expenses incurred by her but as the evidence of PW.2 would disclose that a surgery was performed on her and she was admitted as in-patient in their hospital for 17 days, and that she would require another surgery for removal of K-nail, it is considered fit to award an amount of Rs.25,000/- towards medical expenses and Rs.10,000/- towards future medical expenses.
17. As such, the compensation entitled to the appellant - claimant under various heads is as follows:
S. No. Heads Compensation Awarded
1. Pain and Suffering Rs.30,000/-
2. Loss of income for a Rs.13,500/-
period of three months
3. Medical Expenses Rs.25,000/-
4. Future Medical Expenses Rs.10,000/-
5. Attendant charges Rs.10,000/-
6. Transportation Rs.3,000/-
7. Extra nourishment Rs.5,000/-
Total: Rs.96,500/-
18. As such, it is considered fit to award an amount of Rs.96,500/- which is considered as just and reasonable.
19. In the result, the M.A.C.M.A. is allowed enhancing the compensation from Rs.47,500/- awarded by the Tribunal to Rs.96,500/- with interest @ 7.5 % per annum on the enhanced amount. The respondent No.3 - Insurance 8 Dr.GRR, J macma_3958_2008 Company is directed to deposit the above amount within a period of two months from the date of receipt of a copy of this judgment after deducting the amount deposited if any earlier and the appellant - claimant is permitted to withdraw the said amount as and when deposited.
No order as to costs.
As a sequel, miscellaneous applications pending in this appeal if any, shall stand closed.
____________________ Dr. G.RADHA RANI, J Date: 24th January, 2024 Nsk.