Kum.B.Amala vs M/S.Universal Tours And Travels
2022 Latest Caselaw 6370 Tel

         HON'BLE SMT. JUSTICE M.G. PRIYADARSINI

                  M.A.C.M.A. No. 1679 of 2014

JUDGMENT:

This appeal is filed by the claimant, injured, aggrieved

by the order and decree, dated 13.05.2011 made in

M.V.O.P.No.426 of 2009 on the file of the District Judge-cum-

Motor Accidents Claims Tribunal, Mahabubnagar (for short,

the Tribunal).

2. For the sake of convenience, hereinafter, the parties are

referred to as per their array before the Tribunal.

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

Motor Vehicles Act claiming compensation of Rs.1.00 lakh

towards compensation for the injuries sustained by her in a

motor vehicle accident that occurred on 29.12.2005.

According to the claimant, on 29.12.2005 at about 8:30 a.m.,

while she was proceeding to college on a bicycle by the side of

the road in the limits of Bandameedipalli Village, one

Ambassador Car bearing No.AP 11 W 6483, owned by

respondent No.1 and insured with respondent No. 2, being

driven by its driver in rash and negligent manner and dashed

to the claimant. As a result, the claimant fell down and

MGP, J Macma_1679_2014

sustained fracture to tibia middle third, abrasions on left

elbow right arm inner surface, lateral aspect of right thigh,

abrasions on both the knees and multiple injuries all over the

body. It is the further case of the claimant that she took

treatment in S.V.S. Hospital, Mahabubnagar as inpatient and

she continued treatment in the same hospital for two months

as outpatient and she spent Rs.30,000/- towards medical

expenses. Since the accident occurred only due to the rash

and negligent driving of the driver of the Ambassador Car, the

claimant filed the claim petition against the respondents

seeking compensation under different heads.

4. After considering the claim, counter filed by respondent

No.2 and the evidence, both oral and documentary brought

on record, the tribunal has allowed the O.P. in part awarding

a sum of Rs. 35,000/- towards compensation. Seeking

further enhancement of compensation, the claimant

approached this Court with the present appeal.

5. Heard both sides and perused the material available on

record.

MGP, J Macma_1679_2014

6. The finding of the Tribunal with regard to the manner in

which the accident took place has become final as the same is

not challenged either by the owner or insurer of the vehicle.

7. The short question that arises for consideration in this

appeal is "whether the compensation awarded by the Tribunal

is just and equitable"?

8. The only contention advanced by the learned counsel for

the claimant is that though the claimant has sustained one

grievous injury and four simple injuries, she was taken

treatment in a private hospital as inpatient and she had

incurred huge amount for medical expenses, but the Tribunal

awarded meager amount of Rs.35,000/- under all the heads.

9. On the other hand, the learned Standing Counsel for

the Insurance Company has contended that considering the

nature of injuries and length of treatment, the tribunal has

adequately awarded the compensation and therefore, the

learned Standing Counsel sought for dismissal of the appeal.

MGP, J Macma_1679_2014

10. As seen from the record, as per Ex.A3-wound certificate,

the claimant had sustained one grievous injury and four

simple injuries and she has taken treatment in S.V.S.

Hospital, Mahabubnagar as inpatient for a considerable

period. Thus, looking into the nature of injuries sustained by

the claimant, nature and period of treatment undergone by

him and the amount spent by him towards medical expenses,

transportation, attendant charges and extra nourishment,

this Court feels that the claimant is entitled to Rs.25,000/-

for one grievous injuries, Rs.10,000/- for four simple injuries,

Rs.20,000/- towards pain and suffering and Rs.15,000/-

towards transportation, extra nourishment and attendant

charges. Thus, in all the claimant is entitled to Rs.70,000/-

as against Rs.35,000/- awarded by the tribunal.

11. In the result, the MACMA is allowed in part enhancing

the compensation from Rs.35,000/- to Rs. 70,000/-. The

enhanced compensation shall carry interest at 7.5% per

annum from the date of order of the tribunal till the date of

realization. Both the respondents are directed to deposit the

MGP, J Macma_1679_2014

amount within two months from the date of receipt of a copy

of this order. On such deposit, the claimant is entitled to

withdraw the said amount. No order as to costs.

Miscellaneous Petitions, if any, pending shall stand

closed.

______________________________ JUSTICE M.G. PRIYADARSINI 02.12.2022 tsr

MGP, J Macma_1679_2014

THE HON'BLE JUSTICE M.G. PRIYADARSINI

M.A.C.M.A. No. 1679 of 2014

DATE:02-12-2022