Accident Claims Tribunal-Cum-V ... vs Unknown
2023 Latest Caselaw 3602 AP

     THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO

                   M.A.C.M.A.No. 3194 of 2012

JUDGEMENT:

Aggrieved by the order passed by the Chairman, Motor

Accident Claims Tribunal-cum-V Addl. District Judge, Rayachoty,

whereby the Tribunal awarded an amount of Rs.1,98,641/- towards

compensation to the claimant as against the claim of Rs.5,00,000/-,

this instant appeal is preferred by the claimant for enhancement of

compensation.

2. For the sake of convenience, both the parties in the appeal will

be referred to as they are arrayed in the claim petition.

3. The claimant filed the claim petition under Section 166 of the

Motor Vehicles Act, 1988 against the respondents praying the

Tribunal to award an amount of Rs.5,00,000/- towards

compensation for the injuries sustained by him in a motor vehicle

accident that occurred on 27.07.2004.

VGKR,J MACMA No.3194 of 2012

4. Facts germane to dispose of the appeal may briefly be stated

as follows:

On 27.07.2004 at about 1.20 p.m. the claimant along with two

others was going on a cycle from Devapatla towards Kalakada and

when they reached near a bridge, a tanker bearing registration

No.AP 16U 8095 of the 1st respondent being driven by its driver in a

rash and negligent manner without blowing horn came from

Kalakada side and dashed against the cycle of the claimant, as a

result, the claimant sustained grievous injuries. The 1st respondent

being owner and the 2nd respondent being insurer are jointly and

severally liable to pay compensation to the claimant.

5. The 1st respondent was set ex parte.

6. The 2nd respondent/Insurance company filed a counter by

denying the manner of accident. It is pleaded that the compensation

claimed is highly excessive.

7. Based on the above pleadings, the Tribunal settled the

following issues for trial:

VGKR,J MACMA No.3194 of 2012

1. Whether the claimant received injuries in a motor vehicle accident occurred on 27.07.2004 at 1.20 p.m. due to rash and negligent driving by the driver of L.P.G. tanker bearing No.AP 16U 8095?

2. Whether the claimant is entitled for compensation, if so, to what amount and from whom?

3. To what relief?

8. During the course of enquiry in the claim petition, on behalf of

the claimant, P.Ws.1 to 3 were examined and Exs.A.1 to A.19 were

marked. On behalf of the 2nd respondent, no oral or documentary

evidence was adduced.

9. At the culmination of the enquiry, after considering the

evidence on record and on appreciation of the same, the Tribunal

came to the conclusion that the accident occurred because of rash

and negligent driving of the driver of the offending tanker of the 1 st

respondent and accordingly, allowed the petition in part granting an

amount of Rs.1,98,641/- towards compensation to the claimant with

proportionate costs and interest at 7.5% p.a. from the date of

petition till the date of payment by both the respondents. Being

VGKR,J MACMA No.3194 of 2012

aggrieved by the impugned award, the claimant preferred the instant

appeal for enhancement of compensation.

10. Heard learned counsels for both the parties and perused the

record.

11. The grounds urged by the appellant/claimant are that the

Tribunal awarded meager compensation of Rs.1,98,641/- as against

the claim of Rs.5,00,000/-.

12. Now, the points for determination are:

1) Whether the claimant is entitled enhancement of compensation as prayed for? and

2) Whether the order passed by the Tribunal needs any interference?

13. POINT Nos.1 and 2 : The claim petition is filed under

Section 166 of the Motor Vehicles Act, 1988. The case of the

claimant is that he along with two others was going on a cycle from

Devapatla towards Kalakada and when they reached near a bridge,

a tanker bearing registration No.AP 16U 8095 of the 1st respondent

VGKR,J MACMA No.3194 of 2012

being driven by its driver in a rash and negligent manner without

blowing horn came from Kalakada side and dashed against his

cycle, due to that, he fell down and sustained severe injuries. In

order to prove the rash and negligent driving of the driver of the

offending vehicle, the claimant relied on the evidence of P.W.2, who

is an eye witness to the accident. The evidence of P.W.2 coupled

with Ex.A.1-certified copy of first information report and Ex.A.3-

certified copy of charge sheet clearly proves about the rash and

negligent driving of the driver of the offending vehicle of the 1 st

respondent and in the accident, the claimant sustained injuries. On

considering the entire material on record, the Tribunal also came to

the same conclusion. Therefore, I do not find any legal flaw or

infirmity in the said finding given by the Tribunal.

14. Coming to the compensation, the Tribunal awarded an amount

of Rs.1,98,641/-. The material on record reveals that the claimant

sustained three grievous injuries and one simple injury in the

accident and the claimant also sustained disability of 40%. The

Tribunal awarded an amount of Rs.60,000/- for three grievous

VGKR,J MACMA No.3194 of 2012

injuries @ Rs.20,000/- for each grievous injury and Rs.2,000/- for

one simple injury. On considering the evidence on record coupled

with Ex.A.5-certified copy of wound certificate, it is desirable to

award an amount of Rs.75,000/- for three grievous injuries @

Rs.25,000/- for each grievous injury and Rs.3,000/- for one simple

injury.

15. By giving cogent reasons, the Tribunal arrived the notional

income of the claimant at Rs.15,000/- p.a. as per II Schedule to

Section 163-A of the Motor Vehicles Act. The claimant was aged 14

years as on the date of the accident. By applying the appropriate

multiplier '15' to the age group of the claimant as per II Schedule to

Section 163-A of the Motor Vehicles Act, the Tribunal arrived the

loss of future income of the claimant at Rs.90,000/- (Rs.15,000/- x

multiplier '15' x 40% disability) since the petitioner is suffering with

40% disability. The Tribunal also awarded an amount of Rs.40,716/-

towards medical expenses and Rs.4,425/- towards transport

expenses on considering Ex.A.14-bunch of medical bills and

Ex.A.15-list of travelling expenses. I do not find any legal flaw or

VGKR,J MACMA No.3194 of 2012

infirmity in awarding the said amounts of Rs.40,716/-, Rs.90,000/-

and Rs.4,425/- towards medical expenses, loss of future income of

the claimant, and transport expenses respectively.

16. The Tribunal also awarded an amount of Rs.1,500/- towards

attendant charges. On considering the period of treatment of the

claimant in the hospitals, It is appropriate to enhance the said

amount to Rs.5,000/- and a further sum of Rs.5,000/- is awarded

towards nutrition of food. In total, the claimant is entitled to

compensation of Rs.2,23,141/-.

17. In their written statement, the 2nd respondent/Insurance

company admitted that the offending tanker of the 1 st respondent

was insured with them under a valid policy and the policy was also

in force as on the date of accident. It is not in dispute that the driver

of the offending tanker was having valid driving licence at the time of

accident. Therefore, there are no violations of the conditions of the

policy and both the respondents are jointly and severally liable to

pay the compensation to the petitioners.

VGKR,J MACMA No.3194 of 2012

18. In the result, the appeal is partly allowed enhancing the

compensation from Rs.1,98,641/- awarded by the Tribunal to

Rs.2,23,141/-. The respondents are directed to deposit the

enhanced compensation of Rs.24,500/-, with interest at 7.5% p.a.

from the date of petition till the date of deposit as awarded by the

Tribunal, before the Tribunal, within two months from the date of this

judgment. On such deposit, the claimant is entitled to withdraw the

enhanced compensation amount along with interest thereon. No

order as to costs.

As a sequel, miscellaneous petitions, if any, pending in the

appeals shall stand closed.

_______________________________ V.GOPALA KRISHNA RAO, J st 21 July, 2023 cbs

VGKR,J MACMA No.3194 of 2012

HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO

M.A.C.M.A.No. 3194 of 2012

21st July, 2023 cbs