Telangana High Court
Ganji Prabhakar vs T.Sudhakar Reddy on 13 March, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
MACMA.No.3128 OF 2009
JUDGMENT:
1. This appeal is preferred by the appellant/injured aggrieved by the compensation granted by the Tribunal in OP.NO.37 of 2006, dated 04.02.2009 and to enhance the same.
2. The 1st respondent is the owner of the offending vehicle and the 2nd respondent is the insurer of the offending vehicle.
3. The case of the appellant-Injured is that on 22.08.2004, at about 4.30 p.m. while the petitioner was proceeding on his motorcycle bearing No.AP 22 E 663 from Sadagod village to Nagarkurnool along with his friend, one Jeep bearing No.AP 22U 3591 came behind with high speed, in rash and negligent manner, dashed the petitioner's motorcycle. As a result, the petitioner fell down on the ground into ditch and sustained bleeding injuries on his head and other multiple injuries and became unconscious. Immediately, he was shifted to Government Hospital, Nagarkurnool and from there to Sai Krishna Super Speciality Neuro Hospital, Kachiguda.
4. During trial, the Tribunal examined appellant/injured himself as PW1 and also PW2 to PW5. Exs.A1 to A20 were marked 2 on behalf of the claimant. Exs.X1 and C1 were also marked. On behalf of respondents no oral evidence is adduced but copy of the insurance policy was marked as Ex.B1. The Tribunal after considering the evidence on record and documents, came to the conclusion that the claimant is entitled to compensation of Rs.4,50,000/- payable by both the respondents, jointly and severally, together with interest @ 7.5% p.a. from the date of petition till the date of realisation.
5. Aggrieved by compensation of Rs.4,50,000/- though the claimant claimed Rs.15 lakhs, present appeal was filed.
6. Heard both sides.
7. The claimant was a practicing advocate and having 10 years standing in the Bar when he met with the accident. The accident and the injuries received by the petitioner are not in dispute.
8. The claim before the Tribunal that the claimant was earning Rs.15,000/- per month and he had standing of ten years in the Bar was not accepted by the Tribunal. However, Tribunal found that since there was no documentary proof, the income can be considered as Rs.5,000/-.
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9. An Advocate who was having ten years practice, it cannot be state that the income would be Rs.5,000/-. If the advocate was practicing since 10 years, he would not have continued for so long without adequate income. Hence, this Court deems it appropriate to consider the income of the Advocate at Rs.10,000/- per month.
10. Further, PW2 and PW4 who are the doctors examined on behalf of claimant, specifically stated that there was 30% disability due to loss of vision and speech. Both the vision and ability to speak are the basic requirements of a practicing advocate. When 30% of vision is lost and speaking ability, the permanent disability can be considered as 30%.
11. Therefore the loss of future income on account of 30% disability comes to Rs.8,06,400/-.
Actual income of the claimant Rs.10,000 p.m.
Add: Future prospects (40%) Rs. 4,000
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Loss of income per month Rs.14,000/-
Since the petitioner is aged 39 years the relevant multiplier '16'. Loss of earnings due to 30% disability = 14,000 x 12 x 30/100 x 16 = 8,06,400/-.
12. Further, the compensation granted by the Tribunal towards transportation, pain and suffering, and extra nourishment is enhanced to Rs.10,000/-, 25,000/- and 30,000/- respectively. 4 Medical expenses of Rs.1,43,000/- granted by the Tribunal remain unaltered.
13. The appellant/injured is also entitled to Rs.25,000/- towards loss of amenities of life.
14. Thus, the appellant is entitled to a total compensation of Rs.10,39,400/-
Loss of earnings due to 30% disability Rs. 8,06,400
Transportation Rs. 10,000
Pain and suffering Rs. 25,000
Extra nourishment Rs. 30,000
Medical expenses Rs. 1,43,000
Loss of amenities of life Rs. 25,000
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Rs.10,39,400/-
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15. Accordingly, the M.A.C.M.A is partly allowed by enhancing the compensation amount awarded by the Tribunal from Rs.4,50,000/- to Rs.10,39,400/- with proportionate costs and interest @ 7.5% p.a. from the date of petition till the date of realisation payable by both the respondents jointly and severally.
As a sequel, miscellaneous applications, if any, pending in this appeal shall stand closed.
__________________ K.SURENDER, J Dt. 13.03.2024 tk