Telangana High Court
Ellakanti Ravinder Goud, Nizamabad ... vs Smt. Meera Mishra, U.P.State., And Ano. on 4 November, 2024
HON'BLE SRI JUSTICE J. SREENIVAS RAO
M.A.C.M.A. No.2566 of 2009
JUDGMENT:
Dissatisfied with the quantum of compensation awarded by the learned Chairman, Motor Vehicle Accidents Claims Tribunal (VI Additional District Judge), (Fast Track Court), Nizamabad at Kamareddy (for short 'the Tribunal') in O.P. No.1977 of 2001, dated 05.01.2006, the present appeal is filed by the claimant seeking enhancement of compensation awarded by the Tribunal.
2. Heard Sri K.Uday Kumar, learned counsel, representing Sri S.Surender Reddy, learned counsel for the appellant. No representation on behalf of respondent No.2. This matter is of the year 2009. Hence, this Court is appointed Sri A.Ramakrishna Reddy, to appear on behalf of respondent No.2-The Oriental Insurance Company Limited and heard Sri A.Ramakrishna Reddy.
3. Brief facts of case:
3.1 On 31.10.2000 the appellant was travelling in a Tata Sumo bearing No. AP.10.K.2637 from Kamareddy to Hyderabad and when the Tata Sumo reached near Chegunta bus stand at about 4-30 a.m., one lorry bearing No. UP.78.N.6951 being driven by its driver came in a rash and negligent manner with high speed on 2 wrong side of the road and gave dash to Tata Sumo, due to which the appellant received multiple fracture and other grievous injuries. The driver of jeep, one Jangeti Lingam, Pitla Nagabushanam and Zaheer died on the spot and other inmates were also received grievous injuries. After the accident, the appellant was taken to CDR Hospital, where he was treated as inpatient and from there he was shifted to Government Hospital, Kamareddy, and he was treated there for more than one month and he spent Rs.1,00,000/- towards his treatment. 3.2 Prior to the accident, the appellant was hale and healthy and was working as Excise Contractor and 12th ward councilor of Kamareddy. On account of grievous injuries, he became permanently disabled and lost his earning capacity. Thus, he is claiming compensation of Rs.3,00,000/- under various heads against the respondents.
4. Learned counsel for the appellant vehemently contended that the appellant claimed compensation of Rs.3,00,000/-.
However, the Tribunal awarded meager amount of Rs.54,232/-. The appellant sustained fracture injury and he is working as Excise Contractor and Councilor of 12th ward of Kamareddy Municipality and the Tribunal had taken the income of the 3 appellant at Rs.5,000/- per month and awarded Rs.20,000/- towards loss of earnings for four months. The appellant was admitted in the hospital on 06.11.2000 and was discharged on 14.11.2000 and spent Rs.1,00,000/- towards medical expenses. However, the Tribunal awarded meager amount of Rs.10,000/- towards pain and suffering and not awarded any amount towards food and extra nourishments and transport charges. Therefore, the appellant is entitled for Rs.3,00,000/-.
5. Per contra, learned counsel for respondent No.2 submits that the appellant has not produced any evidence in respect of his income and the Tribunal has rightly assessed his income at Rs.5,000/- per month and awarded Rs.54,232/- under all counts. Therefore, the appellant is not entitled for enhancement of compensation.
6. This Court considered the rival submissions made by the respective parties and perused the records. Admittedly, there is no dispute with regard to the manner of accident and the appellant has sustained fracture injury in the accident occurred due to the rash and negligent driving of the driver of the lorry bearing No.UP.78.N.6951 and was admitted in the hospital on 06.11.2000 and was discharged on 14.11.2000. The appellant 4 has sustained fracture of both bones of his left fore arm. In such circumstances, this Court is inclined to enhance the compensation awarded by the Tribunal to the extent as shown below:
Sl. Name of the head Amount Amount
No. awarded by awarded by
the Tribunal this Court
Rs. Rs.
01. Fracture injury 20,000-00 50,000-00
02. Loss of earnings 20,000-00 20,000-00
03. Pain and suffering 10,000-00 30,000-00
04. Medical bills 4,232-00 4,232-00
05. Food & extra nourishment -- 10,000-00
06. Transport charges -- 10,000-00
Total: 54,232-00 1,24,232-00
Thus in all the appellant is entitled for Rs.1,24,232/-.
7. In the result, the M.A.C.M.A. is allowed in part enhancing the compensation amount awarded by the Tribunal from Rs.54,232/- to Rs.1,24,232/-. The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization against the respondent Nos.1 and 2 jointly and severally. Respondents are directed to deposit the enhanced 5 compensation amount with accrued interest within a period of two months from the date of receipt of a copy of this order. On such deposit, the appellant is entitled to withdraw the said amount without furnishing any security. No costs.
Miscellaneous petitions, if any pending, shall stand closed.
______________________________ JUSTICE J. SREENIVAS RAO 04.11.2024 pgp