Telangana High Court
A. Santhosh, vs K. Parthasaradhy on 21 March, 2022
Bench: N.Tukaramji
THE HONOURABLE SRI JUSTICE N. TUKARAMJI
MACMA.No.909 of 2007
JUDGMENT:
The Petitioner / Claimant filed this appeal seeking enhancement of
awarded compensation in the decree and order dt.06.01.2007 in
MVOP.No.301 of 2003 passed by the Chairman, Motor Accidents Claims
Tribunal - cum - III Additional District Judge, (F.T.C.), Asifabad.
2. The brief facts of the case is that on 09.12.2002 at about 10:45 a.m.,
when the appellant / petitioner along with others was proceeding in Auto
Rickshaw bearing Registration No.AP-1-U-4661 from Bellampally to
Mancherial, near Sri Ram Ice Factory, ACC Mancherial, a lorry bearing
Registration No.AP-16-U-6179 came in high speed and struck the auto.
As a result, the petitioner / claimant suffered injuries, and immediately he
was removed to hospital in Mancherial for treatment. Thus, filed claim
petition seeking compensation.
3. The Tribunal, after due enquiry, awarded compensation of
Rs.21,800/- with interest at 7.5% per annum, and held both respondent
nos.1 and 2 are jointly and severally liable to pay compensation.
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4. The appellant / petitioner in the Appeal contested that though the
negligent driving of the driver of the lorry, the accident and the fracture
injuries sustained are proved, the Tribunal granted meager amounts
without considering the in-patient treatment and the advice for bed-rest, for
two (02) months. Though the Medical Bills / Exs.A.6 and A.7 filed by
appellant / petitioner are proved, and the Doctor / PW.2 had spoken about
15% of permanent disability, the Tribunal did not count the same; hence,
prayed for appraisal and enhancement of the compensation.
5. In this context, the point arises for determination is "whether the
awarded compensation to the appellant / petitioner is just and proper?".
6. The petitioner testified about the accident, injuries suffered by him
and the Doctor / PW.2 deposed that the petitioner suffered injuries on right
forearm, fracture measuring 10 x 7.5mm; that the appellant / petitioner was
admitted into hospital on 13.12.2002 with the said injuries and undergone
surgery on 14.12.2002, discharged on 24.12.2002. To that effect, he issued
Medical Certificates / Exs.A.6 and A.7.
7. The facts of accident and the injuries mentioned by the Doctor
remained undisputed.
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8. The appellant / petitioner filed Medical Bills / Ex.A.5 (total six
receipts) amounting to Rs.19,645/- and as PW.1 asserted that those
amounts were spent during his treatment. The respondent / insurer except
denial, failed to make out any aspect touching the genuineness or
otherwise of Ex.A.5 / Bill. Further, the specific statement of the Doctor /
PW.2 in the in Medical Certificates / Exs.A.6 and A.7 is also remained
uncontroverted. Hence, the appellant / petitioner is entitled for the
amounts shown in the Medical Bills / Ex.A.5 and the Medical Certificates /
Exs.A.6 and A.7 towards Medical Expenditure. Accordingly, the Medical
Bills / Ex.A.5 (total six receipts) amounting to Rs.19,645/- and Exs.A.6
and A.7 (Rs.7,000/- + Rs.12,000/-) Rs.19,000/-, totaling to Rs.38,645/-,
and by rounding of, Rs.39,000/- is granted under the head 'Medical
Expenditure'.
9. With regard to disability, the treating Doctor / PW.2 stated that on
account of the injuries sustained in the accident the appellant / petitioner
suffered 15% disability with minimum deformity to right forearm. It is
settled position that, while considering the 'future loss of earnings' on
account of disability, the nature of disability affecting the income earning
capacity is to be assessed. As per the version of the appellant / petitioner,
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he is into business, and except placing the Disability Certificate, nowhere
pleaded as to how the disability caused due to injuries has affected his
income earning capacity. Therefore, no amount can be granted for future
loss of income due to the disability.
10. However, the disability of the right forearm to certain extent would
have affected the enjoyment of amenities of life, and this view is supported
by the observations of the Doctor that the appellant / petitioner would not
be in a position to lift heavy items as a normal person would do.
Considering the same, Rs.10,000/- is granted under the head 'Loss of
Amenities'.
11. Further, no material is filed by appellant / petitioner to prove the loss
of income during the period of treatment. However, considering the
possibilities Rs.5,000/- is granted under the head 'Loss of earnings
during treatment'.
12. In addition, having regard to the treatment undergone and the
possible trauma suffered Rs.20,000/- is awarded for 'Pain and
Sufferings'. That apart, the Tribunal awarded amounts of Rs.3,000/-
towards 'attendant charges', Rs.3,000/- towards 'transportation
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charges', and Rs.2,000/- towards 'extra nourishment' is found
reasonable.
13. Thus, the compensation awarded is modified as under :
DESCRIPTION AMOUNT (Rs.)
Medical Expenditure 39,000.00
Loss of income during treatment 5,000.00
Loss of amenities 10,000.00
Attendant charges 3,000.00
Transportation charges 3,000.00
Pain and sufferings 20,000.00
Extra Nourishment 2,000.00
TOTAL :: 82,000.00
14. The Appeal is allowed in part in the following terms, viz.,
(i) the appellant / petitioner is awarded Rs.82,000/- (Rupees
eighty-two thousand) with interest at 7.5% per annum from the date of
petition till realization with proportionate interest and costs;
(ii) the respondent Nos.1 and 2 are jointly and severally liable to
pay the compensation;
(iii) the amounts, if any, deposited by the respondents against the
award, shall be given credit;
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(iv) the respondents are directed to deposit the awarded amount
including the enhanced amount within one month from the date of receipt
of a copy of this judgment; and
(v) on such deposit, the appellant / petitioner is permitted to
withdraw the entire amount.
15. Accordingly, the MACMA is allowed in part.
16. As a sequel, miscellaneous petitions, pending if any, shall stand
closed.
_________________
N.TUKARAMJI, J
Date:21-03-2022
Ndr
