Telangana High Court
Karanga Laxmi vs Boga Ramdas Another on 19 April, 2022
Bench: G Sri Devi
THE HON'BLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.3142 of 2014
JUDGMENT:
This appeal is filed by the appellant-claimant
aggrieved by the order and decree, dated 24.06.2010
passed in O.P.No.1047 of 2006 on the file of the V Additional
District and Sessions Judge (FTC), Nizamabad (for short,
"the Tribunal"), seeking enhancement of the compensation.
2. For the sake of convenience, hereinafter, the parties
will be referred to as arrayed before the Tribunal.
3. The brief facts of the case are that the claimant filed
a claim-petition under Section 166 of the Motor Vehicles
Act, claiming compensation of Rs.2,00,000/- for the injuries
sustained by her in a motor vehicle accident that occurred
on 11.01.2004. It is stated that on the said date, while the
claimant was going on foot by the side of the road in order
to attend calls of nature, at that time a Tractor bearing
No.AP 25 E 7394 driven by its driver in a rash and negligent
manner at high speed and dashed the claimant from her
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Macma_3142_2014
behind, due to which, she fell down and the tractor ran over
her and she sustained grievous head injury and other
injuries. Since the accident occurred due to the rash and
negligent driving of the driver of the Tractor, the claimant
filed the aforesaid O.P. against the respondents 1 and 2,
who are the owner and insurer of the said tractor,
respectively.
4. Before the Tribunal, the 1st respondent filed counter
admitting that he is the registered owner of the tractor. It
is also stated that the said tractor was insured with the 2nd
respondent and the same was in force as on the date of the
accident, as such, the 2nd respondent alone is liable to pay
the compensation.
5. The 2nd respondent filed counter denying all the
averments in the claim-petition including the manner in
which the accident took place, nature of injuries sustained
by the claimant and the treatment undergone by her. It is
further contended that the compensation claimed is
excessive and prayed to dismiss the claim-petition.
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6. Basing on the above pleadings, the following issues are
framed before the Tribunal:-
1) Whether the accident has taken place due to rash
and negligent driving of Tractor bearing No.AP 25 E
7394 by its driver?
2) Whether the petitioner is entitled for
compensation? If so, to what just amount and
against whom?
3) To what relief?
7. On behalf of the claimant, P.Ws.1 and 2 were
examined and Exs.A1 to A14 and Ex.C1 were marked. On
behalf of the respondents, no oral evidence was adduced
but Ex.B1-policy was marked.
8. After considering the oral and documentary evidence
on record, the Tribunal came to the conclusion that the
accident occurred due to the rash and negligent driving of
driver of the Tractor and awarded total compensation of
Rs.1,00,000/- with interest @ 7.5% per annum, payable by
respondents 1 and 2. Dissatisfied with the quantum of
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compensation, the claimant filed the present appeal,
seeking enhancement of the same.
9. Heard and perused the record.
10. The finding of the Tribunal with regard to the manner
in which the accident took place has become final since the
same was not challenged by either of the respondents.
11. Insofar as the quantum of compensation is concerned,
a perusal of the material on record would show that the
claimant had sustained fracture of right occipital bone.
P.W.2, the doctor, who treated the claimant, also stated
that the claimant had sustained head injury. The record
also discloses that after discharge also the claimant had
attended follow up treatment for a considerable period. As
the claimant sustained grievous head injury and she took
follow up treatment for a considerable period, this Court
feels that claimant is entitled the following amount under
various heads.
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Macma_3142_2014
Sl. Name of Head Awarded by Awarded by
No. Tribunal this Court
Rs. Rs. Ps.
Ps.
1. Pain and suffering 80,000.00 1,20,000.00
2. Medical expenses 10,000.00 10,000.00
3. Extra nourishment 10,000.00 10,000.00
4. Attendant and -- 15,000.00
transportation
charges
TOTAL 1,00,000.00 1,55,000.00
12. In the result, the M.A.C.M.A. is partly allowed by
enhancing the compensation amount awarded by the
Tribunal from Rs.1,00,000/- to Rs.1,55,000/-, payable by
the respondents 1 and 2 jointly and severally. The enhanced
amount shall carry interest @ 7.5% per annum from the date
of the order passed by the Tribunal till the date of
realisation. There shall be no order as to costs.
13. Miscellaneous petitions, if any pending in this appeal,
shall stand closed.
_________________
JUSTICE G. SRI DEVI
19.04.2022
gkv
