Chitti Sambaiah vs A. Rajanna Another
2022 Latest Caselaw 6966 Tel

          THE HON'BLE JUSTICE M.G. PRIYADARSINI

                   M.A.C.M.A. No. 1779 of 2014

JUDGMENT:

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

order and decree, dated 10.04.2012 made in M.V.O.P.No. 272 of

2006 on the file of the Chairman, Motor Accidents Claims

Tribunal-cum-V Additional District Judge (Fast Track Court-II),

Warangal (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.1.00 lakh for the injuries

sustained by him in a motor vehicle accident that occurred on

02.01.2000. According to the claimant, on 02.01.2000, while he,

being Cleaner, was proceeding on Lorry bearing No. AP 16V 527,

owned by respondent No. 1, insured with respondent No. 2, and

when the lorry reached Lalithapur in Utter Pradesh, the driver

drove the lorry in high speed, lost control over the lorry, applied

sudden brakes, as a result of which, the lorry turned turtle. The

claimant sustained fracture to shaft femur left. According to the

claimant, due to the accident, he sustained permanent disability

MGP, J Macma_1779_2014

and therefore, he laid the claim for Rs.1.00 lakh against the

respondents towards compensation under different heads.

Before the Tribunal, while the respondent No. 1, owner of the

lorry, remained ex parte, respondent No. 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. 35,000/- towards compensation

payable by both the respondents jointly and severally with interest

at 6% 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_1779_2014

The short question that arises for consideration in this

appeal is "whether the compensation awarded by the Tribunal is

just and equitable"?

The only contention advanced by the learned counsel for the

appellant-claimant is that even as per Ex.A.3, wound certificate,

the claimant had sustained injuries as many as eight and that he

was treated as inpatient for a considerable period and therefore,

the amounts of Rs.20,000/- towards injuries; Rs.5,000/- towards

medicines & extra nourishment; and Rs.10,000/- towards loss of

expectation of life and amenities awarded by the tribunal are

meager and need to be enhanced. Further, the tribunal failed to

award any amount under the head of pain and suffering.

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.3, wound certificate, the claimant had

sustained eight injuries, which are simple in nature. However, for

the reasons best known to the claimant, he has not chosen to

MGP, J Macma_1779_2014

examine the doctor, who treated him. Even the claimant has not

chosen to file the case sheet to know the details of his treatment.

In these circumstances and considering Ex.A.3, which discloses

that the claimant has sustained as many as eight injuries, this

Court is inclined to enhance the amount awarded by the tribunal

for the simple injuries from Rs.20,000/- to Rs.40,000/-. So also,

under the head of pain and suffering, this court is inclined to

award a sum of Rs.15,000/-. Further, the amount of Rs.5,000/-

awarded by the tribunal towards medicines, attendant,

transportation charges and extra nourishment is enhanced to

Rs.15,000/-. The amount of Rs.10,000/- awarded by the tribunal

towards loss of expectation of life, amenities, loss of earnings is not

interfered with. Thus, in all, the claimant is granted the

compensation of Rs.80,000/- as against Rs.35,000/- awarded by

the tribunal.

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

compensation from Rs. 35,000/- to Rs. 80,000/-. The enhanced

compensation shall carry interest at 7.5% per annum from the date

of filing of the O.P. till the date of realization. The respondents are

directed to deposit the amount within two months from the date of

MGP, J Macma_1779_2014

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 26.12.2022 TSR

MGP, J Macma_1779_2014

THE HON'BLE JUSTICE M.G. PRIYADARSINI

M.A.C.M.A. No. 1779 of 2014

DATE:26-12-2022