Chekka Sayanna vs Khaja Miya Anr
2022 Latest Caselaw 3458 Tel

               THE HON'BLE JUSTICE G. SRI DEVI

                      M.A.C.M.A. No. 1864 of 2007

JUDGMENT:

Dissatisfied with the quantum of compensation awarded by the

Chairman, Motor Vehicle Accidents Claims Tribunal-cum-III

Additional District Judge (Fast Track Court), Nizamabad in O.P. No.

1362 of 2004, dated 16.03.2007, the present appeal is filed by the

claimant.

Vide aforesaid order, the Tribunal has awarded an amount of

Rs.25,000/- 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.25.U.3903, jointly and

severally, along with proportionate costs and interest @ 7.5% per

annum from the date of filing the petition till realization of the

amount, as against the claim of Rs.2 lakhs laid by the appellant-

claimant for the injuries suffered by him in a road accident that

occurred on 27.01.2004.

According to the petitioner, on 27.01.2004 while he was

traveling in the auto bearing No. AP.25.U.3903 with others from

Khanapur to Makloor and at about 4-00 p.m. when the said auto

reached near bus stand, Makloor, its driver drove it in rash and

negligent manner at high speed and gave dash to a culvert which

resulted in accident and inmates of the auto including the petitioner

have sustained injuries. Immediately, he was taken to Government

Headquarters Hospital, Nizamabad where Dr.S.S.Yadav, Civil

Assistant Surgeon gave treatment to him.

Heard the learned counsel for the appellant-clamant and the

learned Standing Counsel for the respondent No. 2-The United India

Insurance Company Limited. Perused the material available on

record.

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.4, established the fact that he had sustained multiple

fractures to pelvis, right leg ankle and other grievous injuries and

spent Rs.80,000/- towards his treatment and medicines, the

Tribunal awarded very meager amount of Rs.25,000/- under various

heads.

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, the evidence on record proves that the claimant had

sustained two fracture injuries and one simple injury in the accident.

According to the evidence of Doctor, who was examined as PW-2, the

claimant sustained multiple fracture of pelvis and fracture of right

ankle, which are grievous in nature and multiple abrasions on the

right thigh and leg which are simple in nature. An amount of

Rs.15,000/- to the fracture injuries and Rs.1,000/- to the simple

injury, appears to be too meager and this amount is enhanced to

Rs.45,000/-. Apart from the same, because of the injuries, the

claimant might have sustained some loss in the earnings for a

considerable period of three months and he might have also spent

some amount towards transport, extra nourishment and attendant

charges. Under these heads, he is entitled to an amount of

Rs.25,000/-. Further the claimant is also entitled to an amount of

Rs.5,000/- towards of treatment. Thus, in total he is entitled to

Rs.75,000/-.

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

the compensation amount awarded by the Tribunal from

Rs.25,000/- to Rs.75,000/-. 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