J. Sailu vs Mohd. Abdul Wajid Another
2022 Latest Caselaw 6774 Tel

             THE HON'BLE JUSTICE M.G. PRIYADARSINI

                   M.A.C.M.A. No. 2850 of 2015

JUDGMENT:

This appeal is filed by the claimant, injured, aggrieved by the

order and decree, dated 22.07.2015 made in M.V.O.P.No. 1276 of

2012 on the file of the Chairman, Motor Accident Claims Tribunal-

cum-XIV Additional chief Judge (Fast Track Court), City Civil

Courts, Hyderabad (for short, the Tribunal).

For the sake of convenience, hereinafter, the parties are

referred to as per their array before the Tribunal.

The claimant filed a petition under Section 166 of the Motor

Vehicles Act claiming compensation of Rs.7.00 lakhs towards

compensation for the injuries sustained by him in a motor vehicle

accident that occurred on 13.02.2012. According to the claimant,

on 13.02.2012, while he was waiting opposite Miyapur bus depot

for bus to go to his residence, the offending vehicle i.e., motorcycle

bearing No. AP 13AA 1245, owned by respondent No. 1, insured

with respondent No. 2, being ridden by its driver in a rash and

negligent manner, dashed the claimant. As a result, the claimant

fell down and sustained fracture to left leg both bones apart from

other injuries. He was treated at APSRTC Hospital, Tarnaka as

inpatient. According to him, he had sustained permanent

MGP, J Macma_2850_2015

disability due to the injuries suffered in the accident. Therefore, he

laid the claim for Rs.7.00 lakhs against the respondents towards

compensation under different heads.

Before the Tribunal, respondent Nos. 1 & 2, contested the

claim denying the averments of the claim petition and contended

that the amount claimed is excessive and prayed for dismissal of

the claim petition.

Considering the claim, counter and the evidence, both oral

and documentary brought on record, the tribunal has allowed the

O.P. in part awarding a sum of Rs. 2,75,800/- towards

compensation along with interest at 7.5% per annum. Seeking

further enhancement of compensation, the claimant approached

this Court with the present appeal.

Heard both sides and perused the material available on

record.

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.

MGP, J Macma_2850_2015

The short question that arises for consideration in this

appeal is "whether the compensation awarded by the Tribunal is

just and equitable"?

The main contention advanced by the learned counsel for the

appellant-claimant is that the claimant has sustained fracture of

left leg both bones, injury to chest, head injury and blunt injuries

all over the body. Although the tribunal has accepted 15%

disability accepted the salary of Rs.8,000/- per month, did not

award any amounts under the head of injuries and loss of

amenities. Even the amounts awarded under the heads of pain &

suffering and transportation, attendant and extra nourishment are

meager and need to be enhanced.

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.

As seen from Ex.A.5, disability certificate, coupled with the

evidence of P.W.2, doctor, the claimant had suffered 15%

permanent disability, basing on which the tribunal has accepted

MGP, J Macma_2850_2015

the disability at 15% rightly awarded a sum of Rs.2,44,800/- under

the head of loss of income due to disability duly taking the monthly

income of the claimant at Rs.8,000/-. Since the claimant, being

Conductor, had taken treatment at APSRTC Hospital, wherein the

treatment is at free of cost, the tribunal has rightly awarded only

the amount of Rs. 25,000/- towards medicines and extra

nourishment. However, considering the fact that the claimant had

suffered fracture of left leg both bones, injury to chest, head injury

and blunt injuries, this Court is of the view that the tribunal ought

to have awarded certain amounts under the head of injuries.

Hence, this Court awards a sum of Rs. 25,000/- under the head of

injuries. The amount of Rs. 15,000/- awarded by the tribunal

towards pain and suffering is enhanced to Rs. 20,000/-. So also,

the amount of Rs. 1,000/- awarded by the tribunal under the head

of transport charges is hereby enhanced to Rs. 15,000/- under the

head of transport and attendant charges. Thus, in all, the

claimant is granted the compensation of Rs. 3,29,800/- as against

Rs.2,75,800/- awarded by the tribunal.

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

compensation from Rs. 2,75,800/- to Rs.3,29,800/-. The

enhanced compensation shall carry interest at 7.5% per annum

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from the date of order of the tribunal till the date of realization.

The respondents are directed to deposit the 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.

Pending Miscellaneous petitions shall stand closed.

___________________________ JUSTICE M.G. PRIYADARSINI 13.12.2022 TSR

MGP, J Macma_2850_2015

THE HON'BLE JUSTICE M.G. PRIYADARSINI

M.A.C.M.A. No. 2850 of 2015

DATE:13-12-2022