Mangalapuri Venkaiah vs K. Radhika And 3 Others
2023 Latest Caselaw 4634 AP

     THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO

                    M.A.C.M.A.No. 981 of 2012

JUDGMENT:

Aggrieved by the award dated 29.08.2006 passed by the

Chairman, Motor Accident Claims Tribunal-cum-Principal District

Judge, Nellore, in M.V.O.P.No.98 of 2003, whereby the Tribunal

awarded a total compensation of Rs.15,000/- to the petitioner as

against his claim of Rs.75,000/-, this instant appeal is preferred by the

petitioner for enhancement of the compensation. Though a common

order was passed in M.V.O.P.Nos.98 and 99 of 2003 filed by two

different claimants, appeal is preferred against the award in

M.V.O.P.No.98 of 2003 only.

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 claim petitioner 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.75,000/- towards compensation

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for the injuries sustained by him in a motor vehicle accident that

occurred on 28.03.2001.

4. The brief averments of the claim petition are as follows:

On 28.03.2001 when the petitioner and another sat under a tree

near Thiruvengalayapalli road, a tipper bearing registration No.AP

31T 7656 being driven by its driver in a rash and negligent manner

came and dashed against the petitioner, as a result, the petitioner and

another sustained multiple injuries.

5. The 1st respondent was set ex parte. Respondent Nos.2 to 4

filed counters separately by denying the manner of accident and the

nature of injuries sustained by the petitioner.

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

following issues for trial:

1. Whether the accident that occurred on 28.03.2001 at about 4.00 hours on Gudur-Venkatagiri road near Thiruvengalayapalli road in which the petitioner sustained grievous injuries was caused on account of rash and negligent driving of the driver of the tipper bearing No.AP 31T 7656?

VGKR,J MACMA No.981 of 2012

2. Whether the petitioner is entitled for compensation, if so, to what amount?

3. To what relief?

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

of the petitioner, P.Ws.1 and 2 were examined and Exs.A.1 to A.5

were marked. On behalf of the respondents, no oral evidence was

adduced, but Ex.B.1-copy of policy was got marked.

8. 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 took place on account of rash and

negligent driving of the driver of the offending vehicle, and accordingly,

allowed the petition in part and awarded a sum of Rs.15,000/- towards

compensation to the claim petitioner with proportionate costs and

interest at 7.5% p.a. from the date of petition till the date of payment

against all the respondents. Being aggrieved by the said order, the

claim petitioner filed the instant appeal for enhancement of the

compensation.

VGKR,J MACMA No.981 of 2012

9. Heard Smt. S.A.V. Ratnam, learned counsel, representing Smt.

M. Suguna, learned counsel for the appellant/petitioner, and Sri

Naresh Byrapaneni, learned counsel for the 2nd respondent/Insurance

company, and perused the record.

10. Now, the points for determination are:

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

2) Whether the order passed by the Tribunal needs any interference, if so, to what extent?

11. POINT Nos.1 and 2 : In order to prove the rash and negligent

driving of the driver of the offending lorry, the petitioner got examined

himself as P.W.1. The evidence of P.W.1 goes to show that on the

date of accident, himself and another were waiting for a bus, at that

time, the offending vehicle came in a rash and negligent manner and

dashed them. Nothing was elicited from his cross-examination to

disprove his evidence in chief-examination affidavit and the contra

suggestions put to him were also denied by him. Moreover, no oral

evidence was adduced by the respondents to discredit the evidence

VGKR,J MACMA No.981 of 2012

of P.W.1. The petitioner also relied on Ex.A.1-first information report

and Ex.A.2-charge sheet. Ex.A.1 goes to show that a case was

registered against the driver of the offending vehicle. Ex.A.2 also

goes to show that after completion of investigation, the police laid a

charge sheet against the driver of the offending lorry. The evidence

of P.W.1 coupled with Exs.A.1 and A.2 clearly proves that the

accident occurred due to rash and negligent driving of the driver of

the offending vehicle. On appreciation of the entire material on record,

the Tribunal also came to the same conclusion. No appeal is filed by

the respondents against the said finding given by the Tribunal.

Therefore, there is no need to interfere with the said finding given by

the Tribunal.

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

of Rs.15,000/- towards compensation to the petitioner on all counts.

In order to establish the injuries sustained by him in the accident, the

petitioner relied on his self-testimony as P.W.1 as also Exs.A.3-

wound certificate and Ex.A.4-medical certificate. The evidence of

P.W.1 goes to show that because of the accident, he sustained

VGKR,J MACMA No.981 of 2012

fracture injuries and crush injury to the right leg and he was treated in

the Government Hospital, Gudur, and thereafter, at Nellore. His

evidence further goes to show that he was admitted into the Chennai

General Hospital where his right leg was amputated and he took

treatment for a period of six months as an inpatient and an outpatient.

Ex.A.3 discloses that the petitioner sustained a crush injury of right

lower limb exposing muscles and an abrasion on forehead and the

first injury is grievous in nature and the second injury is simple in

nature. Ex.A.4 is the medical certificate in respect of an

orthopedically handicapped candidate i.e., P.W.1, issued by the

District Medical Board, D.S.R. Government District Headquarters

Hospital, Nellore. But the petitioner failed to examine any Member of

the District Medical Board to prove Ex.A.4 and the doctor, who

treated him, as a witness to establish the injuries sustained by him.

The material on record reveals that the petitioner sustained a crush

injury and a simple injury and there was amputation to his right leg.

Therefore, an amount of Rs.15,000/- is granted for crush injury,

Rs.2,000/- is granted for simple injury, Rs.5,000/- is granted towards

transport expenses and nutrition of food, an amount of Rs.5,000/- is

VGKR,J MACMA No.981 of 2012

awarded towards medical expenses and an amount of Rs.3,000/- is

granted towards attendant charges, and Rs.20,000/- is granted

towards amputation of right leg of the petitioner. In total, the petitioner

is entitled to compensation of Rs.50,000/-.

13. The Tribunal in its order held that the insurance of the offending

vehicle was proved by Ex.B.1-policy, therefore, all the respondents

are jointly and severally liable to pay the compensation to the

petitioner. No appeal is filed by the respondents against the said

finding given by the Tribunal. There is no legal flaw or infirmity in the

said finding given by the Tribunal.

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

compensation of 15,000/- awarded by the Tribunal to Rs.50,000/-. All

the respondents are directed to deposit the enhanced compensation

of Rs.35,000/- with interest at 7.5% p.a. from the date of petition till

the date of payment before the Tribunal within two months from the

date of this judgment. On such deposit, the petitioner is entitled to

withdraw the enhanced compensation amount along with interest

accrued thereon. No order as to costs.

VGKR,J MACMA No.981 of 2012

Miscellaneous petitions, if any, pending in this appeal shall

stand closed.

_______________________________ V.GOPALA KRISHNA RAO, J rd 3 October, 2023 cbs

VGKR,J MACMA No.981 of 2012

HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO

M.A.C.M.A.No. 981 of 2012

3rd October, 2023 cbs