Telangana High Court
M. Vasantha vs Sms Pharamaceuticals Limited, ... on 22 March, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.2396 OF 2008
JUDMENT:
1. This appeal is filed by the appellant against the Order and
Decree dated 25.04.2008 in O.P.No.254 of 2006 on the file of the
Motor Vehicles Accident Claims Tribunal-Cum-Sessions Judge-
EO-Cum-VII AMSJ-Cum-XXII ACJ, Hyderabad, where under the
Tribunal granted an amount of Rs.35,000/- towards compensation
along with interest @ 6% per annum as against the claim of
Rs.1,00,000/- on account of the injuries received in the motor
vehicle accident occurred on 21.10.2005.
2. The manner of accident and the injuries sustained by the
appellant-claimant are not in dispute and the appellant-claimant
challenged the impugned award only on the quantum of
compensation awarded by the Tribunal. Therefore, this Court is
not inclined to go into other details other than the quantum of
compensation.
3. Heard the learned counsel for the appellant-claimant and
the learned counsel for respondent No.2-Insurance Company.
4. According to the case of the claimant she was working as a Sweeper with the Municipal Corporation. While so, on 21.10.2005, when the petitioner was sweeping, a bus with high 2 speed came in a rash and negligent manner and hit her, due to which she sustained multiple injuries. She was shifted to Osmania General Hospital for treatment. The Police registered a case against the Driver.
5. The main contention of the claimant is that Doctor was examined from the Osmania General Hospital, where she was treated and certificate issued by the Medical Board/Ex.A-6. The said certificate was also signed by P.W.2 who appeared before the Court and deposed that he examined the claimant/petitioner on 13.04.2005 and she was having kylosis of left lubo joint and stiffness on the left shoulder and accordingly issued Ex.A-6 /disability certificate.
6. Learned counsel appearing on behalf of the Insurance Company would submit that when the Doctor who treated the claimant in Osmania General Hospital was not examined, the Tribunal had not committed any error in disregarding the certificate issue by P.W.2.
7. As seen from Ex.A-6, certificate is issued by the Medical Board of the Osmania General Hospital, P.W.2/Doctor and the Superintendent of the said Hospital have also signed on the said certificate.
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8. In the present circumstances, when the Doctor who subsequently treated her from the very same Hospital certifies that according to his assessment, the disability is at 40%, the same cannot be disbelieved.
9. For the said reasons, the finding of the Tribunal that Ex.A-6/medical certificate will not be considered is incorrect. Accordingly the said finding is set aside and this Court deems it appropriate to consider the disability at 40%.
10. The Hon'ble Supreme Court in Ramachandrappa vs. The Manager, Royal Sundaram, Alliance Insurance Company Limited 1 held that income of a daily wage labour can be considered at Rs.4,500/- per month. In view of the said judgment, this Court is inclined to fix the income of the appellant at Rs.4,500/-p.m notionally. Accordingly, the annual income comes to Rs.54,000/-. In view of the judgment of the Hon'ble Supreme Court in Smt.Sarla Varma Vs. Delhi Transport Corporation 2, the appropriate multiplier would be '18'. When applied '18' multiplier, the amount comes to Rs.9,72,200/-(54,000x18). Taking into consideration, 40% disability, the amount comes to Rs.3,88,800/-(9,72,200x40%). Apart from the same, the appellant is entitled for an amount of Rs.50,000/- towards pain and 1 (2011) 13 SCC 236 2 2009(6) SCC 121 4 suffering, for fracture injury and towards medical and other incidental expenses. Thus, the total compensation comes to Rs.4,38,800/-(3,88,800+50,000).
11. In the result, the Motor Accident Civil Miscellaneous Appeal is allowed enhancing the compensation awarded by the Tribunal from Rs.35,000/- to Rs.4,38,800/-. The enhanced amount shall carry interest @ 7.5% per annum from the date of petition till the date of realization. The appellant is permitted to withdraw the entire amount of compensation, on payment of deficit Court fee. Except the above enhancement, the award of the Tribunal shall remain same on all other aspects. Miscellaneous applications, if any pending, shall stand closed.
__________________ K.SURENDER, J Date : 22.03.2024 dv