Telangana High Court
T.Venkata Swamy vs The Ap State Road Transport ... on 6 July, 2022
Bench: G Sri Devi
THE HON'BLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.1073 of 2012
JUDGMENT:
Dissatisfied with the quantum of compensation
awarded by the III Additional District Judge, (FTC),
Nizamabad in O.P. No.769 of 2006, dated 10.12.2009, the
present appeal is filed by the claimant.
2. Vide aforesaid order, the Tribunal has awarded an
amount of Rs.36,000/- towards compensation to the
appellant-claimant against the respondents-Corporation
who are owners of offending vehicle i.e., bus bearing
No.AP.11.Z.5524, along with proportionate costs and
interest @ 7.5% per annum from the date of filing the
petition till the date of realisation, as against the claim of
Rs.2,50,000/- laid by the appellant-claimant for the
injuries suffered by him in a road accident that occurred
on 23.04.2005.
3. According to the petitioner, on 23.04.2005 at about
12-45 p.m. near Devi Thanda at Gannaram Village shivar
on Nagpur to Hyderabad road on National Highway No.7,
the accident was occurred due to rash and negligent
driving of the driver of the bus bearing No. AP.11.Z.5524
and that in the said accident, the claimant/appellant had
sustained left leg knee fracture, left shoulder fracture, jaw
bones fracture and other grievous injuries on head, right
side cheek, left leg, right knee, chest, stomach and teeth
loosened and other multiple injuries all over the body.
4. Heard the learned counsel for the appellant-claimant
and the learned Standing Counsel for the respondents-
Corporation. 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.1 to A.6 and Ex.C-1,
established the fact that he had sustained grievous injuries
and spent Rs.1,50,000/- towards his treatment and
medicines, the Tribunal awarded very meager amount of
Rs.36,000/- under various heads.
6. The learned Standing Counsel appearing on behalf of
respondent Nos.1 and 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. As
regards the quantum of compensation, the evidence on
record proves that the petitioner/appellant sustained two
grievous and one simple injury in the accident and
immediately after the accident he was shifted to
Government Headquarters Hospital, Nizamabad, where he
was treated by team of doctors as in-patient for five days,
and from there he was shifted to Amruthalaxmi Multi
Specialty Hospital, Nizamabad, where he was treated and
got operated twice to his fracture injuries and steel rods,
screws and plates were inserted. Looking into the nature
of injuries sustained by the petitioner and the treatment
given to him, the learned Tribunal ought to have awarded a
sum of Rs.60,000/- under the heads of injuries and pain
and suffering instead of Rs.32,000/-. Apart from the
same, the petitioner is also entitled to a tune of
Rs.15,000/- under the head of extra nourishment,
transportation charges, attendant charges and loss of
income. Thus, in total he is entitled to Rs.75,000/-.
However, the enhanced amount carries interest from today
i.e. 06.07.2022 till realization.
8. In the result, the M.A.C.M.A. is allowed in part by
enhancing the compensation amount awarded by the
Tribunal from Rs.36,000/- to Rs.75,000/-. The enhanced
amount shall carry interest at 7.5% p.a. from the date of
this order till the date of realization, payable by
respondents-Corporation. 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
