N. Madhu vs C. Murali Krishna Naidu Another
2023 Latest Caselaw 957 AP

     THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO

                    M.A.C.M.A.No.1515 of 2012


JUDGEMENT:

The appellant is the Claimant in M.V.O.P.No.254 of 2008 on

the file of the Motor Accident Claims Tribunal (District Judge),

Chittoor, and the respondents are the respondents in the said case.

2. Both the parties in the appeal will be referred to as they are

arrayed in claim application.

3. The claimant filed a Claim Petition under section 166 of Motor

Vehicles Act against the respondents praying the Tribunal to award

an amount of Rs.7,00,000/- towards compensation to the injuries

sustained by the petitioner in a Motor Vehicle Accident occurred on

12.09.2006 at about 8.30 a.m.

4. The case of the claimant is that on 12.09.2006 at about 8.30

a.m. while the petitioner, aged about 18 years, student, was going to

college and when reached near MSR junction on Chittoor-Vellore

road, the driver of tractor and trailer bearing No.AP 03U 2502 and

AP 03U 1860, drove the same in a rash and negligent manner and VGKRJ MACMA 1515 of 2012 Page 2 of 7 Dt:20.02.2023

dashed against the petitioner, resulting which, the petitioner

sustained multiple injuries and the petitioner claimed compensation

of Rs.7,00,000/- towards compensation.

5. The respondents 1 and 2 filed counters denying the claim

application and contended that the claimant is not entitled any

compensation and the respondents are not liable to pay any

compensation to the injuries sustained by the petitioner.

6. Based on the above pleadings, the Tribunal framed the

following issues:

  i.    Whether the accident occurred due to the rash and
        negligent   driving   of   the        driver   of   the   1st

respondent's tractor and trailer bearing No.AP 03 U 2502 and AP 03 U 1860?

ii. Whether the petitioner is entitled to any compensation for the injuries sustained by her, If so, to what amount and from whom?

iii. To what relief?

7. On behalf of the petitioner, PW1 to PW3 were examined and

Ex.A1 to Ex.A8 were marked. On behalf of respondents RW1 to VGKRJ MACMA 1515 of 2012 Page 3 of 7 Dt:20.02.2023

RW3 were examined and Ex.B1 and Ex.B2, Ex.X1 and Ex.X2 were

marked.

8. After considering the evidence on record, the Tribunal has

given a finding that the accident occurred due to rash and negligent

driving of driver of crime vehicle and in the accident the petitioner

has received grievous injuries and the Tribunal granted an amount

of Rs.59,856/- to the claimant towards compensation.

9. Aggrieved by the same, the claimant filed the present appeal

by claiming the remaining balance of compensation amount.

10. Now, the point for consideration is:

Whether the Order of Tribunal needs any interference and the compensation awarded by the Tribunal is just and reasonable?

11. POINT:-

The learned Tribunal, on considering the evidence on record,

came to conclusion that the accident occurred solely due to rash

and negligent driving on the part of the driver of the crime vehicle of

1st respondent. The respondents have not filed any appeal against VGKRJ MACMA 1515 of 2012 Page 4 of 7 Dt:20.02.2023

the said finding. The Insurance Company also not challenged the

finding given by the Tribunal.

12. At the time of filing of the case, the petitioner was a minor,

represented by her father and natural guardian. During the

pendency of the case, before the Tribunal, the petitioner was

declared as Major by virtue of orders passed in I.A. No.865 of 2009

dated 08.03.2010.

13. On considering the entire material on record, the Tribunal

came to conclusion that the claimant is entitled an amount of

Rs.59,856/- towards compensation for the injuries sustained by her

in a Motor Vehicles Accident. PW1 is the injured person. The

evidence of PW1 coupled with Ex.A4 certified copy of wound

certificate clearly goes to show that the petitioner sustained three

grievous injuries. But the Tribunal granted Rs.25,000/- for the

injuries, pain and suffering. The Tribunal failed to grant

compensation for the grievous injuries sustained by the petitioner.

On considering the medical evidence i.e., Ex.A4 certified copy of

wound certificate coupled with the evidence of PW1, the petitioner

sustained three grievous injuries and she suffered severe mental

agony. Therefore, an amount of Rs.15,000/- is awarded for each VGKRJ MACMA 1515 of 2012 Page 5 of 7 Dt:20.02.2023

grievous injury in addition to the injuries, pain and suffering of

Rs.25,000/- awarded by the Tribunal below. Therefore, the

petitioner/ claimant is entitled an amount of Rs.45,000/- for three

grievous injuries (Rs.15,000/- for each grievous injury). The

Tribunal ought to have granted separate amount for each grievous

injury, but the Tribunal granted Rs.25,000/- towards injuries, pain

and suffering, the said finding cannot be accepted. Therefore, in

addition to the amount of Rs.25,000/- towards injuries, pain and

suffering as granted by the Tribunal, an amount of Rs.45,000/- is

granted to the petitioner towards three grievous injuries sustained by

her in a Motor Vehicles Accident. The learned Tribunal granted an

amount of Rs.24,856/- towards medical expenses. In order to prove

the said claim, the petitioner relied on Ex.A5 bunch of medical bills

for Rs.24,856/-. Therefore, as granted by the Tribunal, the petitioner

is entitled an amount of Rs.24,856/- towards medical expenses,

Rs.5,000/- towards incidental charges and Rs.5,000/- towards extra

nourishment. The said compensation granted by the Tribunal

towards incidental charges and extra nourishment is just and

reasonable. The petitioner is also entitled an amount of Rs.5,000/-

towards transportation charges and an amount of Rs.5,000/-

 VGKRJ                                               MACMA 1515 of 2012
Page 6 of 7                                         Dt:20.02.2023




towards attendant charges.          In total, the petitioner/ claimant is

entitled Rs.1,14,856/- towards compensation. The learned Tribunal

granted compensation of Rs.59,856/-. Therefore, the said claim is

enhanced to Rs.1,14,856/-.

14. In the result, the appeal is allowed in-part, by modifying the

order dated 28.01.2012 passed in MVOPNo.254/2008 on the file of

Motor Accident Claims Tribunal-cum-Prl.District Judge, Chittoor. It

is held that the appellant is entitled to a total compensation of

Rs.1,14,856/- with interest @6% p.a. on the enhanced

compensation, from the date of petition, till the date of payment.

The respondents are directed to deposit the balance amount within

one month from the date of this judgment. On such deposit, the

appellant is entitled to withdraw the same along with accrued

interest thereon. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this appeal shall stand closed.

________________________________ V.GOPALA KRISHNA RAO,J Dated: 20.02.2023.

sj
 VGKRJ                                    MACMA 1515 of 2012
Page 7 of 7                              Dt:20.02.2023






          HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO




                   M.A.C.M.A.No.1515 of 2012



                          20.02.2023

sj