Telangana High Court
S.N.V.Praveen vs Kola Ganesh Goud Anr on 6 July, 2022
Bench: G Sri Devi
HON'BLE JUSTICE G. SRI DEVI
M.A.C.M.A. No. 1878 of 2007
JUDGMENT:
Dissatisfied with the quantum of compensation awarded by the
Chairman, Motor Vehicle Accidents Claims Tribunal-cum-I
Additional District Judge, Khammam in O.P. No. 763 of 2003, dated
16.05.2007, the present appeal is filed by the claimant.
2. Vide aforesaid order, the Tribunal has awarded an amount of
Rs.55,000/- towards compensation to the appellant-claimant
against the respondents herein who are owner and insurer of the
offending vehicle i.e., auto bearing No. AP.24.U.7539, jointly and
severally, along with proportionate costs and interest @ 7.5% per
annum from the date of filing the petition till the date of deposit, as
against the claim of Rs.5 lakhs laid by the appellant-claimant for
the injuries suffered by him in a road accident that occurred on
14.08.2002.
3. According to the petitioner, on 14.08.2002 at about 5-00 p.m.
the petitioner and his relative L.V.Karteeka were going to Hyderabad
by TVS Victor motor bike bearing No. AP.9.AN.1620 and when they
reached near MRM Christian Junior College, Bibinagar on
Hyderabad-Bhongir R & B Road, the driver of auto bearing No.
AP.24.U.7539 drove the said vehicle in rash and negligent manner
and hit against their motorcycle and as such, the petitioner fell down
and suffered fracture of distal end of radius on right wrist, injuries
on left knee, right foot, leg, thigh and right chest and other multiple
injuries all over the body. He was shifted to Yashoda Super
Speciality Hospital, Hyderabad, underwent major surgery and skin
grafting was done and that he spent a sum of Rs.1,50,000/- towards
treatment. He suffered facial injuries causing permanent disability
and he was restricted to bed.
4. Heard the learned counsel for the appellant-clamant and the
learned Standing Counsel for the respondent No. 2-The New India
Insurance Company Limited. Perused the material available on
record.
5. The learned counsel for the appellant-claimant has submitted
that although the claimant, by way of evidence of P.W.2, doctor, and
Exs.A.3 to A.8, established the fact that he had sustained fracture of
right radius bone, abrasion over left leg foot and right thigh, abrasion
over face, lacerated would below the right eye and spent
Rs.1,48,942-11 ps. towards his treatment and medicines, the
Tribunal failed to appreciate the evidence on record and awarded
very meager amount of Rs.55,000/- under various heads.
6. 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.
7. 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.
8. A perusal of the evidence on record transpires that the learned
Tribunal verified the medical bills produced by the
claimant/appellant. Admittedly, the claimant/appellant had taken
treatment in Yashoda Super Specialty Hospital, Hyderabad. Ex.A-7
is the true copies of medical bills which were attested by
Dr.Ch.Srinivasa Rao of Yashoda Super Specialty Hospital,
Hyderabad, which carries bill for the sum of Rs.45,827/-. According
to this document, advance amount of Rs.67,000/- was paid and a
sum of Rs.7,100/- discount was given under this bill. Thus, if a sum
of Rs.7,100/- is deducted, the actual amount paid by the petitioner
comes to Rs.38,727/- towards medical bills. Thus, the claimant is
entitled to the said amount of Rs.38,727/- which was paid by him
for the treatment.
9. Apart from Ex.A-7, the claimant/appellant also produced
another bill under Ex.A-7 which is also true copy of the bill for the
sum of Rs.20,746/- and under this bill a sum of Rs.13,150/- was
collected towards Doctors fee. Thus, the claimant/appellant is also
entitled to the said amount of Rs.13,150/-. Thus, in total, the
claimant is entitled to a tune of Rs.51,877/- which is rounded of to
Rs.52,000/- under the head of medical expenses.
10. A perusal of the evidence which transpires that the
claimant/appellant sustained fracture of right radius and also injury
in the abdomen apart from several simple injuries. While assessing
the compensation, the Tribunal has assessed the total sum of
Rs.45,000/- for the pain and suffering of all the injuries which
appears too meager. Admittedly, according to Ex.A-8 discharge
summary issued by Yashoda Super Specialty Hospital, Hyderabad,
the claimant had undergone surgery for the abdominal injury which
was grievous in nature and another fracture injury to the right
radius. He was in the hospital for a considerable period of 14 days
for the abdominal injury and surgery and further advised for bed rest
for considerable period. Thus looking into the nature of injuries
which were sustained by the petitioner/claimant, the period of
treatment which was given to him in Yashoda Super Specialty
Hospital, the amount of Rs.45,000/- appears to be too meager and
thus, it is enhanced to Rs.75,000/-. Apart from the same, under
the heads of loss of income, transportation, extra nourishment and
attendant charges, the claimant is entitled to a tune of Rs.25,000/-.
Thus, the compensation is enhanced from Rs.55,000/- to
Rs.1,52,000/-.
11. In the result, the M.A.C.M.A. is allowed in part by enhancing
the compensation amount awarded by the Tribunal from
Rs.55,000/- to Rs.1,52,000/-. The enhanced amount shall carry
interest at 7.5% p.a. from the date of order 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. No
costs.
Miscellaneous petitions, if any pending, shall stand closed.
_____________________
JUSTICE G. SRI DEVI
06.07.2022
pgp
