R.Rajesh Kumar vs The Ap State Road Transport ...
2023 Latest Caselaw 4952 AP

     THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO

                 M.A.C.M.A.No.3106 of 2012

JUDGMENT:

Aggrieved by the impugned award and order passed in

M.V.O.P.No.282 of 2009, on the file of the Motor Vehicles

Accident Claims Tribunal-cum-I Additional District Judge,

Chittoor, whereby the Tribunal awarded an amount of

Rs.3,78,552/- towards total compensation to the claimant

against the respondent, this instant appeal is preferred by the

claimant towards 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

application.

3. The aforesaid M.V.O.P.No.282 of 2009 was filed by the

claimant, under Section 166 (1) (a) of Motor Vehicles Act, 1988

claiming compensation of Rs.12,00,000/- for the injuries

sustained by him in a motor vehicle accident occurred on

30.10.2008.

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

On 30.10.2008 at about 7:00 a.m., while the petitioner

was returning from Kallur on his TVS XL-Super bearing

No.AP 03/P 4674 and reached near Lord Vinayakaswamy

temple, Erasanipalle on Kallur-Pulicherla road, the driver of

A.P.S.R.T.C. bus bearing No.AP 10/Z 6112, proceeding

towards Kallur, drove the same in a rash and negligent manner

and dashed against the petitioner's TVS XL-Super moped, due

to which the petitioner fell down from the moped and sustained

multiple injuries all over his body and became unconscious.

Immediately, the petitioner was shifted to Government hospital,

Piler. After first aid, the petitioner was shifted to

SVIMS Hospital, Tirupati and from there to Rama Devi Super

Speciality Hospital, Tirupati, and from there he was shifted to

CMC Hospital, Vellore and the petitioner was treated as an

inpatient approximately for a period of three months. A case in

Crime No.79 of 2008 was registered against the driver of the

offending vehicle A.P.S.R.T.C. bus bearing No.AP 10/Z 6112.

After completion of investigation, Sub-Inspector of Police,

Kallur Police Station laid a Charge Sheet against the driver of

the offending vehicle A.P.S.R.T.C. bus.

5. The respondent filed a written statement with a plea that

the claimant is not entitled compensation as claimed by the

petitioner.

6. Based on the above pleadings of both the parties, the

Tribunal framed the following issues for trial:

1. Whether the accident was caused due to the rash

and negligent driving of the driver of A.P.S.R.T.C. bus

bearing No.AP 10/Z 6112 or the petitioner himself while

riding on TVS XL-Super bearing No.AP 03/P 4674?

2. Whether the petitioner is bad for non-joinder of

necessary party?

3. Whether the petitioner is entitled for any

compensation?

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

petitioners, P.Ws.1 to 3 were examined and got marked

Exs.A1 to A10. On behalf of respondent, no evidence was

adduced.

8. At the culmination of the enquiry, on appreciation of the

entire evidence on record, the Tribunal awarded an amount of

Rs.3,78,552/- with interest at the rate of 7.5% per annum to the

claimant towards total compensation against the respondent.

Aggrieved thereby, the claimant filed this instant appeal for

enhancement of compensation.

9. Heard Ms. C.Jhansi Rani, learned counsel for the

appellant and Sri K.Viswanatham, learned Standing Counsel

for A.P.S.R.T.C./respondent.

10. Now, the points for determination are:

1) Whether the order passed by the Tribunal needs

any interference?

2) Whether the claimant is entitled for enhancement

of compensation as prayed for?

POINTS:

11. The case of the claimant is that while he was returning

from Kallur on TVS XL-Super bearing No.AP 03/P 4674, at the

time, the driver of A.P.S.R.T.C. bus bearing No.AP 10/Z 6112

drove the same in a rash and negligent manner and dashed

the petitioner's two wheeler, due to that the petitioner fell down

from his moped and sustained multiple injuries all over the

body. In order to prove the rash and negligent driving of the

driver of A.P.S.R.T.C. bus, the claimant himself examined as

P.W.1. The petitioner also relied on Ex.A1-Certified Copy of

First Information Report and Ex.A2-Certified Copy of the

Charge Sheet. On considering the entire material on record,

the Tribunal came to conclusion that the accident in question

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

A.P.S.R.T.C. bus, in which the petitioner sustained severe

injuries. I do not find any legal flaw or infirmity in the said

finding given by the Tribunal. Therefore, there is no need to

interfere with the above finding given by the Tribunal.

12. Coming to the compensation, the material on record

reveals that the petitioner sustained seven injuries from out of

which two injuries are grievous in nature and other injuries are

simple in nature. As stated supra, the petitioner was admitted

as an inpatient approximately for a period of three months.

P.W.2 is an Associate Professor in ENT Department,

SVRRGG Hospital, Tirupati. P.W.3 is a Neuro Surgeon in

CMC Hospital, Vellore who treated the petitioner. On

considering the evidence of P.Ws.2 and 3 and also considering

EXs.A6 and A7-the bunch of medical bills and

Ex.A8-Discharge Summary, the Tribunal awarded an amount

of Rs.2,58,552/- towards total medical expenses and on

considering the simple and grievous injuries sustained by the

petitioner, the Tribunal awarded rightly an amount of

Rs.55,000/- towards pain and suffering. On considering the

material on record, the Tribunal awarded an amount of

Rs.10,000/- towards transport charges to go to CMC Hospital,

Vellore and Sri Rama Devi Multi Super Specialty Hospital,

Tirupati, an amount of Rs.10,000/- towards attendant charges,

an amount of Rs.10,000/- towards extra nourishment of food,

an amount of Rs.10,000/- towards loss of earnings and an

amount of Rs.25,000/- towards future treatment. In total, the

Tribunal awarded an amount of Rs.3,78,552/- under the

various heads. The material on record reveals that the

petitioner was sustained severe fractures in a road accident.

The petitioner sustained seven injuries from out of which two

injuries are grievous in nature and other injuries are simple in

nature. After the accident, the petitioner was shifted to

Government hospital, Piler. After first aid, the petitioner was

shifted to SVIMS Hospital, Tirupati and from there to Rama

Devi Super Specialty Hospital, Tirupati, from there he was

shifted to CMC Hospital, Vellore and the petitioner was treated

as an inpatient approximately for a period of three months. On

considering the material on record, I am of the considered view

that the amount of compensation awarded under the above

heads is quite just and reasonable.

13. Learned counsel for the appellant would submit that the

evidence of P.W.2 clearly goes to show that the petitioner is

suffering with permanent disability of 68%. Ex.A10-Disability

Certificate reveals the same, but the Tribunal discarded the

evidence of P.W.2 and Ex.A10. The material on record

reveals that the petitioner is suffering with disability of hearing.

The same is supported by P.W.2 and Ex.A10, which is

supported by discharge summary issued by the Hospital

authorities. The law is well settled that the disability to a

particular limb i.e., ear is not a disability to the whole body.

Therefore, on considering the entire material on record, I am of

the considered view that the petitioner sustained disability of

10% only, on account of the injuries sustained in a road

accident. On considering the entire material on record, I am of

the considered view that the notional income of the petitioner is

arrived at Rs.30,000/- per annum. The relevant multiplier

applicable to the age group of the petitioner is '18'. Therefore,

the petitioner is entitled an amount of Rs.54,000/- (Rs.30,000/-

x 10% X18) towards 10% permanent disability sustained by

the petitioner. In total, the claimant is entitled an amount of

Rs.4,32,552/- towards total compensation.

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

amount granted by the Tribunal is enhanced from

Rs.3,78,552/- to Rs.4,32,552/-, consequently the

appellant/claimant is entitled enhanced compensation of

Rs.54,000/- with interest at the rate of 6% per annum from the

date of petition till the date of realization. The

respondent/A.P.S.R.T.C. is directed to deposit the enhanced

compensation of Rs.54,000/- with interest at the rate of 6% per

annum within two months from the date of this Judgment. On

such deposit, the appellant/claimant is entitled to withdraw the

same with interest thereon. There shall be no order as to

costs.

As a sequel, miscellaneous petitions, if any pending,

shall stand closed.

____________________________________ JUSTICE V.GOPALA KRISHNA RAO

Dt.13.10.2023 ANI

THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO

M.A.C.M.A.No.3106 of 2012

Dt.13.10.2023

ANI