Gollapally Ravi Kiran vs Dasthi Rama Krishna
2022 Latest Caselaw 6772 Tel

    THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI

                  M.A.C.M.A. No. 1505 of 2019

JUDGMENT:

This appeal is preferred by the appellant, who is the

claimant before the Court below, assailing the order and decree

of the Motor Accidents Claims Tribunal-cum-I Additional

District Judge at Nalgonda (for short, 'the tribunal') passed in

O.P.No. 986 of 2008, dated 18.01.2016.

Vide aforesaid order, as against the claim of Rs.2.00

lakhs, the Tribunal has awarded an amount of Rs.1,86,000/-

towards compensation to the appellant-claimant against the

respondents herein who are owner and insurer of the offending

vehicle i.e., Tractor bearing No. AP 24X 0975, jointly and

severally, along with proportionate costs and interest @ 7.5%

per annum from the date of filing the petition till realization of

the amount for the injuries received by him in a road accident

that occurred on 07.08.2008.

Heard the learned counsel for the appellant-claimant and

the learned Standing Counsel for the respondent No. 2,

Insurance Company. Perused the material available on record.

The main contention of the learned counsel for the

appellant-claimant is that in order to establish the fact that on

account of the injuries suffered by the appellant, he had

suffered permanent disability at 25%, Ex.A.7, disability

certificate, issued by the District Medical Board, Nalgonda, was

produced and the same was substantiated with the evidence of

P.W.2, the doctor, who is also a member of District Medical

Board, who categorically deposed that the claimant sustained

25% disability, which is permanent in nature. However, the

tribunal without there being any valid reason brushed aside the

said evidence and did not award the compensation under the

head of disability. It is contended that the claimant was 19

years old at the time of accident and that he used to earn

Rs.5,000/- by giving private tuitions and in the absence of any

contra evidence, the tribunal has fixed the monthly income of

the claimant at Rs.1,000/- which is too meager and needs

enhancement. It is contended that the claimant had suffered

two fracture injuries apart from multiple injuries and he had

incurred Rs.2,87,223/- towards treatment, medicines and

investigations and to substantiate the same the claimant had

produced Ex.A.6, bunch of original bills, but however, the

tribunal has awarded only Rs.90,000/-. Therefore, the learned

counsel prays to award just and reasonable compensation

under the head of disability, duly taking into account the

reasonable monthly income of the appellant and applying

multiplier '18' considering his age apart from granting the

amount covered by Ex.A6.

The learned Standing Counsel appearing on behalf of

respondent No. 2 sought to sustain the impugned award

contending that since no billing manager was examined in

connection with Ex.A.6, the tribunal rightly rejected the claim

under Ex.A.6. As regards the disability, the learned Standing

Counsel has fairly submitted that taking into consideration the

evidence of P.W.2 and Ex.A.7, disability certificate, reasonable

amount can be awarded under the head of permanent disability.

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 offending

vehicle.

As regards the quantum of compensation, it is the claim

of the appellant that he used to earn Rs.5,000/- per month by

giving private tuitions apart from doing real estate business.

However, considering the age of the claimant, the tribunal has

disbelieved the said version. But, considering the prevailing

rate of minimum wages at the relevant point of time, this Court

is of the view that fixation of monthly income of the claimant at

Rs.1,000/- by the tribunal is not justified. Therefore, this Court

is inclined to fix the monthly income of the claimant at

Rs.4,500/-.

As regards the disability, as seen from the medical record,

the claimant had sustained one compound Grade-III B

comminuted fracture of right Patella and one fracture of Right

knee apart from multiple injuries. In support of the claim of

disability, the claimant has filed Ex.A.7, disability certificate

issued by the District Medical Board, Nalgonda which has also

been substantiated with the evidence of P.W.2, Member of

District Medical Board, who has deposed that the claimant has

sustained 25% permanent disability. Thus, when the

competent authority has certified the claimant to have

sustained 25% permanent disability, there is no reason for the

tribunal to disbelieve the same. Hence, this court is inclined to

fix the permanent disability sustained by the claimant at 25%.

Since the claimant was 19 years by the time of the accident, the

appropriate multiplier is '18'. Hence, under the head of loss of

income due to disability, the claimant is awarded a sum of

Rs.2,43,000/- (Rs.4,500 x 12 x 18 x 25/100). That apart, since

the claimant has asserted that he had incurred Rs.2,87,223/-

towards treatment, medicines and investigations, merely

because the billing manager is not examined, the entire claim

cannot be rejected more particulary, when the claimant has

suffered two fracture injuries apart from other injuries.

Therefore, basing on Ex.A.6 and considering the nature of

injuries suffered by the claimant, this Court is inclined to award

a sum of Rs.2,00,000/- towards treatment, medicines and

investigations. That apart, considering the fact that the

claimant had suffered two fracture injuries, this Court awards a

sum of Rs.40,000/- under the head of injuries. The amounts of

Rs.25,000/- under the head of pain and suffering; Rs.9,000/-

towards attendant charges; Rs.5,000/- towards transportation;

and Rs.3,000/- towards extra nourishment awarded by the

tribunal are not interfered with. Thus, in all, the claimant is

entitled for the total compensation of Rs.5,25,000/-.

In the result, the M.A.C.M.A. stands allowed enhancing

the quantum of compensation awarded by the tribunal from

Rs.1,86,000/- to Rs.5,25,000/-. The enhanced amount shall

carry interest at the rate of 7.5% per annum from the date of

the order passed by the tribunal till the date of realization. The

amount shall be deposited within a period of two months from

the date of receipt of a copy of this order. On such deposit, the

claimant is permitted to withdraw the said amount. However,

the claimant shall pay the deficit court fee on the enhanced

compensation. No order as to costs.

Miscellaneous petitions, if any pending, shall stand

closed.

__________________________ JUSTICE M.G. PRIYADARSINI

13.12.2022 tsr

THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI

M.A.C.M.A. No. 1505 of 2019

DATE: 13-12-2022