Kumari Manne Anusha, vs Jahanegeer,
2022 Latest Caselaw 7027 Tel

           THE HON'BLE JUSTICE M.G. PRIYADARSINI

                     M.A.C.M.A. No. 1734 of 2014

JUDGMENT:

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

order and decree, dated 06.04.2013 made in O.P.No. 602 of 2011

on the file of the VII Additional District Judge, Mahabubnagar (for

short, the Tribunal).

For the sake of convenience, hereinafter, the parties are

referred to as per their array before the Tribunal.

The claimant, who was 13 years old at the time of accident,

filed a petition under Section 166 of the Motor Vehicles Act

claiming compensation of Rs.6.00 lakhs towards compensation for

the injuries sustained by her in a motor vehicle accident that

occurred on 26.06.2011. According to the claimant, on

26.06.2011, while she was boarding a bus, the offending vehicle

i.e., Lorry bearing No. KA 05 9093, owned by respondent No. 1,

insured with respondent No. 2, being driven by its driver in a rash

and negligent manner at high speed, dashed the claimant, due to

which, the claimant fell down and sustained multiple injuries. She

was treated at various hospitals and incurred Rs.4.00 lakhs

towards treatment and medicines. Therefore, she filed the claim

petition against the respondents seeking compensation under

different heads.

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Before the Tribunal, while respondent No. 1 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. 3,60,000/- towards

compensation. 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.

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 though the claimant has sustained

permanent disability, the tribunal has erred in awarding only an

MGP, J Macma_1734_2014

amount of Rs.25,000/- towards trauma. It is further contended

that since the severity of the injuries sustained by the appellant

will impact rest of the career of the appellant, the tribunal ought to

have awarded the entire compensation as claimed by the appellant.

It is further contended that even the amounts granted under the

heads of pain & suffering; loss of earnings; transportation,

attendant charges and extra nourishment are meagre and need

enhancement.

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 the record, P.Ws. 2 & 3, doctors, who treated

the claimant, deposed that the injures suffered by the claimant are

grievous in nature; that she was treated as inpatient for a period of

15 days. Even the claimant had undergone operations for the

injuries suffered by her. Considering the evidence of P.Ws.2 & 3

and considering Ex.A.7, medical bills, the tribunal has awarded

Rs.2,90,000/- and Rs.25,000/- towards medicines and treatment,

which needs no interference by this Court. In Ex.A.3, wound

certificate, both the injuries i.e. (i) blunt injury on chest; (ii)

MGP, J Macma_1734_2014

multiple rib fractures right, are referred to as grievous in nature.

Considering the same, this Court is inclined to enhance the

amount of Rs.25,000/- awarded by the tribunal towards trauma to

Rs.30,000/-. That apart, the claimant is awarded Rs.25,000/-

towards pain and suffering. So also, the amount of Rs.20,000/-

awarded by the tribunal towards transportation, extra

nourishment and attendant charges is enhanced to Rs.30,000/-.

Thus, in all, the claimant is granted the compensation of

Rs.4,00,000/- as against Rs.3,60,000/- awarded by the tribunal.

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

compensation from Rs. 3,60,000/- to Rs. 4,00,000/-. The

enhanced compensation shall carry interest at 7.5% per annum

from the date of filing of the petition 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 27.12.2022 TSR

MGP, J Macma_1734_2014

THE HON'BLE JUSTICE M.G. PRIYADARSINI

M.A.C.M.A. No. 1734 of 2014

DATE:27-12-2022