Bommakanti Vittal vs S.Venugopal Reddy Anr
2022 Latest Caselaw 5186 Tel

THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY

                  M.A.C.M.A.No.2047 OF 2016
JUDGMENT:

This appeal is directed against the award dated 26.12.2015

in M.V.O.P.No.1241 of 2009, on the file of the Chairman, Motor

Accidents Claims Tribunal-cum-VIII Additional District Judge,

Ranga Reddy District at L.B.Nagar (for short 'the Tribunal),

wherein the said claim application filed by appellant herein seeking

compensation was allowed-in-part, awarding Rs.1,16,870/- with

interest at 6.5% per annum from the date of petition.

2. Heard learned counsel for the appellant and learned counsel

for the 2nd respondent-insurer. None appears for the 1st respondent-

owner of Qualis vehicle. Perused the material on record.

3. The appellant herein filed claim application seeking

compensation of Rs.3,50,000/- on account of the injuries sustained

by him in a motor vehicle accident that occurred on 21.10.2009 at

about 11:30 p.m., near Bharath Gas, Uppal-Boduppal road,

Ranga Reddy District. According to the claimant, on that day, he

was proceeding towards Uppal depot from Ramanthapur on his

TVS XI vehicle bearing No.AP 15 6817 and at that time, one

Qualis vehicle bearing No.AP 29 TA 5226 driven by its driver in a

rash and negligent manner came in the same direction and dashed

his two wheeler from rear side. As a result of which, the claimant

sustained fracture to his right leg and immediately he was shifted

to SHK Hospital, Uppal for treatment. Police, Uppal registered a

case in Cr.No.10 of 1996 for the offences punishable under

Sections 337 & 338 IPC against the driver of the Qualis vehicle.

According to the claimant, he was aged 40 years at the time of

accident and was hale and healthy earning Rs.10,000/- per month

by doing rice business. The claimant spent huge amounts for

treatment in a private hospital and due to the accident, he suffered

permanent disability and unable to walk or drive and lost his

earnings.

4. Respondent No.1-owner of the Qualis vehicle remained

ex parte. Respondent No.2-insurer filed counter opposing the

claim and denying their liability to pay the compensation.

5. On a consideration of the evidence available on record,

the Tribunal held that the accident occurred due to the rash and

negligent driving of the Qualis vehicle by its driver. The said

finding had become final, as no appeal is preferred by the

respondents questioning the same. The Tribunal further held that

the claimants are entitled for a total compensation of Rs.1,16,870/-.

Accordingly, an award was passed for the said amount with interest

at 6.5% per annum. Not satisfied with the same, the claimant filed

the present appeal seeking enhancement of compensation.

6. The only question that arises for consideration in the present

appeal is - whether the claimant is entitled for enhancement of

compensation, and if so to what extent?

7. According to the claimant, he was doing rice business,

earning Rs.10,000/- per month. The claimant received fracture

injuries on Tibia in the accident which are grievous in nature.

As per Ex.A-3 injury certificate issued by the Medical Officer in

Shree Hrishikeshaya Hospital, Uppal, Hyderabad, he received

fracture injury to right lateral condoyle. A-6 is the discharge

summary issued by the said hospital mentioning the above injury.

Ex.A-4 is the x-ray film.

8. P.W.2, Dr.B.Bixapathi, the doctor who issued disability

certificate Ex.P-7, in his evidence stated that he examined the

claimant and found post plating for fracture lateral condyle of

right tibia along with stiffness of right knee joint and the

disability was found to be 50% which is permanent and partial in

nature. He further stated that as a result of the disability, the

claimant cannot carry weights and cannot ride bicycle. P.W.3,

Dr.W.T.S.Chary, the Medical Officer in Shree Hrishikeshaya

Hospital, Uppal, in his evidence stated that the claimant was treated

in their hospital. He also deposed that the claimant was admitted

on 22.10.2009 and underwent surgical correction of long bone

fracture right tibia on 26.10.2009 and was discharged on

31.10.2009. Exs.A-3 medical certificate, Ex.A-4 x-ray film

and Ex.A-6 discharge summary were issued by their hospital.

The evidence of P.Ws.2 and 3 coupled with the documents

Exs.A-3, A-4 and A-6 categorically proves that the claimant

suffered fracture injuries and also 50% permanent and partial

disability.

9. The Tribunal had awarded an amount of Rs.30,000/- as

compensation towards loss of future earnings instead of making the

assessment of compensation by taking into consideration the future

loss of earnings depending on the monthly income of the claimant.

As per Ex.A-3 medical certificate, the claimant was aged 44 years

and was doing agriculture and earning Rs.10,000/- per month.

However, there is no oral or documentary evidence in proof of the

said monthly income of the claimant. After taking into

consideration the age of the claimant and as he was hale and

healthy prior to the accident, his income can reasonably be fixed at

Rs.4,000/- per month. As per the decision of the Hon'ble Apex

Court in PAPPU DEO YADAV v. NARESH KUMAR AND

OTHERS1, the claimant is entitled for additional 40% on the

income towards future prospects, as he was aged 44 years at the

time of accident. If the same is applied, the income of the claimant

comes to Rs.5,600/- per month (Rs.4,000/- + Rs.1,600/-) and it

comes to Rs.67,200/- per annum. The claimant suffered 50%

permanent and partial disability as per Ex.A-7 disability

certificate. If the same is calculated, the loss of earnings due to the 1 AIR 2020 SC 4424

disability would be Rs.33,600/- per annum (Rs.67,200 x 50%).

The appropriate multiplier applicable to the age of the deceased

who was 44 years at the time of accident would be '14'. Applying

the same, the loss of earnings would come to Rs.4,70,400/-

(Rs.33,600/- x 14). Keeping in view the multiple fracture injuries

sustained by the claimant, an amount of Rs.25,000/- is awarded

towards pain and suffering, Rs.5,000/- towards transportation

charges, Rs.10,000/- towards extra nourishment and an amount of

Rs.870/- is awarded towards medical bills. Thus, in all, the

claimant is awarded a total compensation of Rs.5,11,270/-

(Rs.4,70,400/- + Rs.25,000/- + Rs.5,000/- + Rs.10,000/- +

Rs.870/-). The compensation awarded by the Tribunal under

different heads is set aside. The interest awarded by the Tribunal

at 6.5% per annum is considered to be on the lower side. In view

of the prevailing market rate of interest at that point of time, it is

considered that awarding interest at 7.5% per annum from the date

of the petition would be just and reasonable.

10. In the result, the appeal is allowed. The award of the

Tribunal is modified by enhancing the compensation from

Rs.1,16,870/- to Rs.5,11,270/- with interest at 7.5% p.a. from the

date of petition till realization, payable by respondents 1 and 2

jointly and severally. The claimant shall pay the deficit court fee

on the enhanced compensation. There shall be no order as to costs.

11. Pending miscellaneous petitions, if any, stand closed.

_______________________ A.SANTHOSH REDDY, J 19.10.2022 Lrkm