Telangana High Court
Md.Raheem vs L.Bhoom Rao And Another on 8 November, 2024
THE HON'BLE SRI JUSTICE J. SREENIVAS RAO
M.A.C.M.A. No.1709 of 2010
JUDGMENT:
Dissatisfied with the quantum of compensation awarded by the learned Chairman, Motor Accidents Claims Tribunal-cum- Addl. District and Sessions Judge, Kamareddy (for short 'the Tribunal') in O.P. No.162 of 2009, dated 07.05.2010, the present appeal is filed by the claimant seeking enhancement of compensation.
2. Heard Sri P.Anvesh Reddy, learned counsel, representing Sri L.Dayakar Reddy, learned counsel for the appellant and Smt. P.Nireekshana, learned counsel for respondent No.2-United India Insurance Company Limited.
3. Brief facts of case:
3.1 On the intervening night of 22/23.02.2004 the appellant was driving the auto bearing No.AP.23.T.9609 from Ramareddy to Devanpally and at about 3-00 a.m. when the auto reached the limits of Ugrawai Village, a tractor and trailer bearing No.AP.25.T.9163/G 6401 came in a rash and negligent manner at high speed and dashed his auto, as a result of which, the auto was completely damaged and the appellant and other inmates of 2 the auto have sustained injuries. The appellant was shifted to Area Hospital, Kamareddy, where an operation was held and steel rod was fixed to his right leg apart from the right hand fracture being treated with plaster of paris, and he spent an amount of Rs.1,50,000/- towards medical expenses and extra nourishment.
Due to the fracture injuries suffered by him, he is unable to run his auto like before the accident. Thus, the appellant claimed compensation of Rs.2,00,000/- under various heads against respondents.
4. Learned counsel for the appellant vehemently contended that though the appellant sustained two grievous injuries along with simple injuries, the Tribunal has not awarded any amount to the injuries. The appellant is auto driver by profession and he was earning an amount of Rs.12,000/- per month. Whereas the Tribunal had taken his monthly income at Rs.4,500/- and awarded only an amount of Rs.18,000/- towards loss of income. The Tribunal has not awarded any amount towards cost of litigation, as per the decision of the Hon'ble Supreme Court in V.Mekala v. M.Malathi and another 1. Therefore, the appellant is entitled for the amount as claimed in the appeal. 1 2014 (5) ALD 42 SC 3
5. Per contra, learned counsel for respondent No.2 submits that the Tribunal after taking into consideration the oral and documentary evidence on record, has rightly awarded an amount of Rs.48,000/- towards compensation under all heads. Therefore, the appellant is not entitled for enhancement of compensation as claimed by him in the appeal.
6. This Court considered the rival submissions made by the respective parties and perused the records. It is an undisputed fact that due to rash and negligent driving of the driver of tractor and trailer bearing No.AP.25.T.9163/G 6401, the accident was occurred on 23.02.2004, as a result of which, the appellant has sustained grievous injuries apart from simple injuries. The impugned award reveals that the Tribunal has not awarded any amount to the appellant for the injuries sustained by him i.e. fracture on left vertebra 3rd and 4th ribs, fracture on the nasal bone apart from two abrasions and tenderness on the chest. Hence, this Court is of the considered view that the appellant is entitled for Rs.50,000/- for two grievous injuries apart from simple injuries sustained by him. According to him, the appellant is earning an amount of Rs.12,000/- per month being an auto driver. In such circumstances, the Tribunal should have consider 4 his monthly income atleast an amount of Rs.6,000/- per month. Therefore, the appellant is entitled an amount of Rs.36,000/- towards loss of income for six months @ Rs.6,000/- per month. The appellant is also entitled for Rs.10,000/- towards litigation expenses as per the principle laid down by the Hon'ble Supreme Court in V.Mekala (supra). Thus in all, the appellant is entitled for the amount as shown below:
Sl. Name of the head Amount Amount
No. awarded by awarded by
the Tribunal this Court
Rs. Rs.
01. For injuries -- 50,000-00
02. Pain and suffering 25,000-00 25,000-00
03. Transport charges 5,000-00 5,000-00
04. Loss of income 18,000-00 36,000-00
05. Litigation expenses -- 10,000-00
Total: 48,000-00 1,26,000-00
7. In the result, the M.A.C.M.A. is allowed in part enhancing the compensation amount awarded by the Tribunal from Rs.48,000/- to Rs.1,26,000/-. 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 5 severally. Respondent Nos.1 and 2 are directed to deposit the enhanced 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 Date: 08.11.2024 pgp