Nagamalla Bhagyalaxmi vs Dadi Lingaiah And Another
2022 Latest Caselaw 301 Tel

                THE HON'BLE JUSTICE G. SRI DEVI

                   M.A.C.M.A. No.729 of 2007

JUDGMENT:

This appeal is filed by the appellant-claimant aggrieved by

the award and decree, dated 20.02.2007 passed in O.P.No.619 of

2006 on the file of the Chairman, Motor Accident Claims Tribunal-

cum-IV Additional District Judge, Warangal (for short, the

Tribunal).

For the sake of convenience, the parties have been referred

to as arrayed before the Tribunal.

The claimant filed a petition under Section 166 of the Motor

Vehicles Act claiming compensation of Rs.2,75,000/- for the

injuries sustained by her in a motor vehicle accident. It is stated

that on 24.10.2005 while the deceased was waiting for a bus by

standing at a side of the road at Fort Road Petrol Pump Bus Stop,

one Hero Honda Motor Cycle bearing No.AP 36 K 6605 came at high

speed in a rash and negligent manner and dashed against the

claimant. As a result of which, the claimant sustained grievous

injuries and she was shifted to Rohini Super Speciality Hospital,

Hanamkonda, where an operation was conducted on 24.10.2005 for

her brain injury and she took treatment as inpatient from

24.10.2005 to 20.11.2005. It is further stated that at the time of

discharge, the doctors advised her to take bed rest for three

months and to come up for follow up treatment and she spent

Rs.75,000/- towards medical expenses. The claimant filed

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aforesaid O.P. against respondent Nos.1 and 2, being owner and

insurer of the aforesaid Hero Honda Motor Cycle, respectively,

claiming compensation of Rs.2,75,000/- for the disability sustained

by her.

Before the Tribunal, the 1st respondent remained ex parte

and the 2nd respondent also filed counter denying the averments of

the claim petition and contended that the amount claimed is

excessive and prayed to dismiss the claim petition.

Basing on the above pleadings, the following issues are

framed before the Tribunal:-

1) Whether the accident took place on 24.10.2005 was caused due to rash and negligent driving of Hero Honda CD 100 2003 model bearing No.AP 36 K 6605 by its driver?

2) Whether, the petitioner is entitled for compensation? If so, what amount and from whom?

3) To what relief?

During trial, on behalf of the claimant, P.Ws.1 and 2 were

examined and got marked Exs.A1 to A11. On behalf of the

respondents, neither oral nor documentary evidence was adduced.

After considering the oral and documentary evidence on

record, the Tribunal came to the conclusion that the accident

occurred due to the rash and negligent driving of driver of the Hero

Honda Motor Cycle and accordingly, awarded total compensation of

Rs.74,900/- with interest @ 7.5% per annum. Being not satisfied

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with the said amount, the claimant filed the present appeal

seeking enhancement of compensation.

Heard both sides.

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 is "whether

the compensation awarded by the Tribunal is just and equitable"?

A perusal of Ex.A6 i.e., discharge bill shows that the

claimant has incurred a sum of Rs.26,025/- towards hospital

charges, but the learned Tribunal only basing on the net amount

shown in the said bill has taken into consideration the amount of

Rs.4,525/- towards hospital charges. In the facts and

circumstances of the case, this Court feels that claimant is entitled

another amount of Rs.21,500/- towards hospital charges. Except

the enhancement of Rs.21,500/-, rest of the amount awarded by

the Tribunal remains un-changed as the claimant has not sustained

any permanent or partial disability and the Tribunal after

considering all the aspects such as injuries sustained by the

claimant, extra nourishment and pain and suffering.

In the result, the M.A.C.M.A. is partly allowed by enhancing

the compensation amount awarded by the Tribunal from

Rs.74,900/- to Rs.96,400/-. The enhanced amount shall carry

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interest @ 7.5% per annum from the date of award i.e., 20.02.2007

till the date of realization. There shall be no order as to costs.

Miscellaneous petitions, if any pending in this appeal, shall

stand closed.

__________________ JUSTICE G. SRI DEVI 28.01.2022 gkv