Tokala Ravi Kumar vs Sri K M .Abdullah Another
2022 Latest Caselaw 3218 Tel

                     THE HON'BLE JUSTICE G. SRI DEVI

                        M.A.C.M.A. No. 1912 of 2015

JUDGMENT:

Dissatisfied with the quantum of compensation awarded by the

Motor Accidents Claims Tribunal-cum-IX Additional District & Sessions

Judge at Kamareddy in O.P. No. 315 of 2009, dated 28.12.2010, the

present appeal is filed by the claimant.

Vide aforesaid order, the Tribunal has awarded an amount of

Rs.2,32,790/- towards compensation to the appellant-claimant against

the respondents herein who are owner and insurer of the offending vehicle

i.e., Lorry bearing registration No. AHT 405, jointly and severally together

with interest at 7.5% per annum from the date of the petition till the

realization on account of the injuries suffered by him in a road accident

that occurred on 23.12.2003 involving the crime vehicle.

Heard the learned counsel for the appellant-clamant and the learned

Standing Counsel for the respondent No. 2- Insurance Company. Perused

the material available on record.

The learned counsel for the appellant-claimant has submitted that

in the accident, the claimant had suffered fracture injury on both side of

right leg as reflected in Ex.A.3, wound certificate. He has undergone

treatment in a private hospital, namely Sri Sai Tirumala Orthopedical and

Surgical Hospital. That apart, he had to undergo a surgery at Gandhi

Hospital, Secunderabad where he was admitted as inpatient for a

considerable period. As a result of non-union of fracture bone, bone

grafting was done on 21.10.2004 and he was discharged on 08.11.2004.

On account of fracture injury to right leg, he has suffered 20% permanent

disability which is evident from the evidence of P.W.2 and the contents of

Ex.A.3. However, although the tribunal accepted the 20% disability, yet

erroneously granted only Rs.23,040/- under the head of disability, which

is too meagre.

The learned Standing Counsel appearing on behalf of respondent No.

2 sought to sustain the impugned award of the Tribunal contending that

considering the nature of the injuries sustained and the expenditure

incurred by the claimant towards treatment & medicines, the learned

Tribunal has awarded just and reasonable compensation and the same

needs no interference by this Court.

There is no dispute with regard to the manner of the accident and

the rash and negligent driving of the offending vehicle by its driver in

causing the accident. As regards the quantum of compensation, as seen

from the medical record, more particularly, Ex.A.3, wound certificate and

the evidence of P.W.2, doctor, the tribunal, even in the absence of any

disability certificate, has rightly estimated the permanent disability at 20%

as the claimant was not in a position to do hard work or squat on account

of the fracture injury to the right leg. However, the tribunal has erred in

awarding only Rs.23,040/- on the erroneous findings by dividing the body

of the claimant into five equal parts. Therefore, this Court is inclined to

award just compensation under this head. Admittedly, the claimant was

20 years at the time of accident. His income was rightly assessed by the

tribunal at Rs.3,000/- per month in the absence of any evidence adduced

by the claimant. Therefore, considering the same, under the head of loss of

income on account of disability, the claimant is entitled for an amount of

Rs.1,29,600/- (Rs.3000 x 12 x 18 x 20/100) as against Rs.23,040/-

awarded by the tribunal. Considering the nature of injuries and the period

of treatment, the other amounts awarded by the tribunal are not disturbed

with. Thus, in all, the claimant is entitled for the total compensation of

Rs.3,39,350/- as against Rs.2,32,790/- awarded by the tribunal.

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

compensation amount awarded by the Tribunal from Rs.2,32,790/- to

Rs.3,39,350/-. The said enhanced compensation amount shall carry

interest at 7.5% per annum from the date of the award passed by the

tribunal till the date of realization, payable by respondent Nos. 1 and 2

jointly and severally. The amount shall be deposited within a period of one

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

compensation amount by the respondents, the claimant is at liberty to

withdraw the same without furnishing any security. There shall be no

order as to costs.

Miscellaneous petitions, if any pending, shall stand closed.

_____________________ JUSTICE G. SRI DEVI 01.07.2022 tsr

THE HON'BLE JUSTICE G. SRI DEVI

M.A.C.M.A. No. 1912 of 2015

DATE: 01-07-2022