Telangana High Court
Nimmala Venkat Reddy, vs Bhutharaju Nagulu, on 17 August, 2022
Bench: P.Madhavi Devi
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
M.A.C.M.A. No.3011 of 2017
ORDER:
This Motor Accidents Civil Miscellaneous Appeal is
filed by the injured appellant/claimant against the
compensation awarded by the Motor Accidents Claims Tribunal-
cum-Principal District Judge, Nalgonda (for short "the
Tribunal") in O.P.No.427 of 2015 dated 31.05.2017.
2. The learned counsel for the appellant/claimant
submits that the appellant/claimant sustained injuries in the
motor vehicle accident that occurred on 10.06.2015 and
sustained fracture of right femur, fracture of the right 2nd , 3rd,
4th and 5th Metatarsal with laceration over dorsum foot. The
claimant had claimed compensation of Rs.12,00,000/- (Rupees
Twelve lakhs only), whereas, the Tribunal has granted
Rs.6,92,113=00 (Rupees Six lakhs ninety two thousand one
hundred and thirteen only). Seeking enhancement of the
compensation, the present appeal is filed.
3. The learned counsel for the appellant submits that
the injured is an agriculturist and also owner of a Tractor and
he was not only cultivating agricultural fields in his village but
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was also utilising the tractor for use of others and due to the
said accident, the appellant sustained grievous injuries and is
not able to attend to his work. It is therefore pleaded that his
income should be adopted at Rs.25,000/- per month as against
Rs.5,000/- per month adopted by the Tribunal. He further
submits that though the Medical Board assessed the disability
of the claimant at 45%, the Tribunal has awarded the
compensation towards disability @ 30% only. He also submits
that there was no compensation awarded towards loss of future
prospects and the interest was also granted only @ 7% instead
of 7.5%. He thus seeks enhancement of the compensation.
4. The learned counsel for the Insurance Company is
also heard, who vehemently opposed the enhancement. He
submitted that the Tribunal has granted reasonable
compensation and there is no need for enhancement of the
compensation.
5. Having regard to the rival contentions and the
material on record, it is seen that the appellant is the owner of
Ac.6.00 cents of land and also the owner of a Tractor bearing
No.AP 24 AG 8609. Therefore, there is every possibility that in
addition to doing agriculture, he was also using his Tractor to
earn additional income. But the Tribunal has only considered
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his earnings at Rs.5,000/- (Rupees Five thousand only) per
month on the ground that the claimant has not proved his
income properly. The Tribunal ought to have considered
additional income that the claimant would have earned through
Tractor and agriculture. Therefore, this Court deems it fit and
appropriate to adopt a sum of Rs.8,000/- (Rupees Eight
thousand only) per month as his monthly income. In view of the
disability certificate issued by the Medical Board, the
compensation towards his disability is to be awarded at 45% as
against 30% awarded by the Tribunal.
6. The interest on the compensation is to be paid @
7.5% as against 7% awarded by the Tribunal. Therefore, the
enhanced compensation is directed to be paid with interest @
7.5% from the date of the petition till the date of realization. The
learned counsel for the appellant/claimant seeks compensation
towards future prospects @ 40% stating that the injured is
below 40 years. In view of the judgment of the hon'ble Supreme
Court in the case of National Insurance Company Limited vs
Pranay Sethi, 2017 (6) 170 (SC) it is held that the petitioner is
eligible for compensation @ 40% towards loss of future
prospects. It is ordered accordingly.
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MACMA.No.3011 of 2017
7. In the light of the abovementioned discussion, the
appellant is entitled to the following amounts:
Sl.No. Head Compensation awarded
1. Income
Rs.8,000/- per month
2. Future Prospects
Rs.3,200 (40% of the income)
3. Multiplier applied by the
4. Loss of future earnings due to
continuing permanent Rs.9,67,680/- (11,200x12x45%x16)
disability
5. Transport to hospital as
awarded by the Tribunal Rs.5,000/-
6. Extra nourishment and
medical expenses as awarded Rs.3,94,113/-
by the Tribunal
7. Damages to clothes and
Motor cycle as awarded by Rs.5,000/-
the Tribunal
Total compensation
awarded Rs.13,71,793/- along with interest @
7.5% per annum from the date of
filing of the claim petition till
payment.
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8. In the result, the award dated 31.05.2017 in
O.P.No.427 of 2015 on the file of Motor Accidents Claims
Tribunal-cum-Principal District Judge at Nalgonda is
modified by awarding a total compensation of
Rs.13,71,793/- (Rupees thirteen lakhs seventy one
thousand seven hundred and ninety three only) with costs
and interest thereon at 7.5% per annum from the date of
the claim petition till the date or realisation against both
the respondents jointly and severally. As the compensation
payable to the claimant as per law was found to be higher
than the original claim of Rs.12,00,000/-, the enhanced
compensation of Rs.1,71,793/- is granted subject to
payment of Court fee on such enhanced compensation. The
insurance company is directed to deposit the compensation
amount awarded within 90 days from the date of receipt of
a copy of this judgment. On such deposit, the claimant is
permitted to withdraw the same without furnishing any
security.
9. The appeal is accordingly partly allowed. No
costs.
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10. Pending miscellaneous petitions, if any, shall
stand closed.
_____________________
P.MADHAVI DEVI, J
Date:17.08.2022
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MACMA.No.3011 of 2017
THE HONOURABLE SMT JUSTICE P. MADHAVI DEVI
MACMA No. 3011 OF 2017
Date:17.08.2022
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