R. Kishore Kumar vs Appam Vijay Kumar
2022 Latest Caselaw 5243 Tel

         HON'BLE SMT. JUSTICE M.G.PRIYADARSINI

                    M.A.C.M.A. No.364 of 2019

JUDGMENT:

Not being satisfied with the quantum of compensation

awarded by the Motor Accident Claims Tribunal-cum-XXIV

Additional Chief Judge, City Civil Courts, Hyderabad in O.P.

No.1542 of 2015, dated 23.06.2017, the present appeal is

filed by the claimant seeking enhancement of compensation.

2. According to the petitioner, on 08-02-2015 the

petitioner and one B.G.Victor Babu were proceeding to

Malkapur village from Hyderabad in a car bearing No.

AP.13.Q.0570, which was driven by one G.Ramesh and when

they reached the outskirts of Toopranpet village, one car

bearing No. AP.28.DN.0136 being driven by its driver came in

rash and negligent manner and dashed their car, as a result,

the petitioner sustained grievous head injury with deep

lacerated wound over left parietal region and right frontal

region and several other lacerations and abrasions all over the

body. Thus, he is claiming compensation of Rs.3,00,000/-

under various heads.

3. Respondent No.1 remained ex parte; Respondent No.2-

Insurance Company filed counter disputing the manner of

accident, nature of injuries sustained by the petitioner, age,

avocation and income of the injured.

4. Based on the above pleadings, the Tribunal framed the

following issues:

1. Whether the accident took place due to rash and negligent driving of the car bearing No. AP.28.DN.0136 causing injuries to the petitioner?

2. Whether the petitioner is entitled for compensation, if so, to what extent and from whom?

3. To what relief?

5. In order to prove the issues, PWs.1 and 2 were

examined and Exs.P1 to P23 got marked on behalf of the

petitioner. No witnesses were examined on behalf of the

respondents, however, Ex.B1 was marked on their behalf.

6. Considering the oral and documentary evidence

available on record, the Tribunal has awarded an amount of

Rs.1,50,000/- towards compensation to the appellant-

claimant against the respondent Nos.1 and 2 jointly and

severally, along with proportionate costs and interest @ 6%

per annum from the date of petition till the date of realisation,

as against the claim of Rs.3,00,000/- laid by the appellant-

claimant for the injuries sustained by him in a road accident

that occurred on 08.02.2015.

6. Heard the learned counsel for the appellant-claimant

and the learned Standing Counsel for the second respondent-

Insurance Company. Perused the material available on

record.

7. The learned counsel for the appellant-claimant has

submitted that although the claimant, by way of evidence of

P.Ws.1 and 2 and Exs.P.1 to P.23, established the fact that

the petitioner has sustained grievous injuries in the accident,

the Tribunal awarded very meager amount of Rs.1,50,000/-

under various heads.

8. The learned Standing Counsel appearing on behalf of

second respondent-Insurance Company sought to sustain the

impugned award of the Tribunal contending that considering

the avocation of the petitioner, the learned Tribunal has

awarded reasonable compensation and the same needs no

interference by this Court.

9. Admittedly, there is no dispute with regard to the

manner of accident and the involvement of offending vehicle.

Now the only dispute involved in this appeal is enhancement

of compensation.

10. Coming to the quantum of compensation, according to

the evidence of PW-1, in the said accident he sustained

grievous head injury with deep lacerated wound over left

parietal region and right frontal region and several lacerations

and abrasions all over the body. Immediately he was shifted

to Sunrise Hospital and thereafter, he was treated in NIMS,

Continental Hospital and also treated in Kamineni and that

he spent huge amount. Ex.A3 was issued by Sunrise

Hospital which shows that the petitioner had laceration on

left parietal region and another laceration on right frontal

region. The doctor who treated the petitioner was examined

as PW-2. According to PW-2, injury No.1 is grievous and

injury No.2 is simple in nature. Further Ex.A4 discharge

summary issued by Sunrise Hospital shows that the

petitioner was admitted in the said hospital on 8.2.2015 and

discharged on 10.2.2015 and it is noticed that the petitioner

had laceration over left parietal region and lacerated injuries

over right frontal region and finally diagnosed that he has a

head injury in the accident. Petitioner also filed Ex.A6, which

shows that he had a problem of rotator cuft tear left shoulder

and Ex.A8 MRI shows that there is a surface tear in distal

supraspinatus tendon. PW-2 Doctor further stated that the

petitioner came to them on 1.9.2015 with a calf injury to

shoulder and he underwent surgery and he required to

undergo further surgery and that he is having 50% to 60%

disability. However, considering the evidence of PWs.1 and

2 coupled with the documentary evidence available on record,

the tribunal awarded compensation of Rs.5,000/- for one

grievous injury and Rs.1,000/- for one simple injury and

Rs.50,000/- towards pain and sufferance, Rs.29,443/-

towards medical bills and Rs.50,000/- towards loss of estate,

which is just and reasonable. Further the tribunal also

awarded an amount of Rs.14,557/- towards transportation

and extra nourishment, which is very less and hence, an

amount of Rs.34,557/- is awarded towards transportation

and extra nourishment. Further an amount of Rs.10,000/- is

also awarded towards attendant charges. Thus in all the

petitioner is entitled an amount of Rs.1,80,000/- under all

counts. Further the rate of interest awarded by the tribunal

@ 6% per annum is very low. Hence, the rate of interest is

modified to 7.5% per annum instead of 6% per annum on the

award amount.

11. Coming to the liability, considering Ex.B1, which shows

that the offending vehicle was insured with their Company

covering the date of accident, the tribunal rightly held that

the respondent Nos.1 and 2 are jointly and severally liable to

pay compensation to the petitioner.

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

enhancing the compensation amount awarded by the

Tribunal from Rs.1,50,000/- to Rs.1,80,000/-. The

enhanced amount shall carry interest at 7.5% p.a. from the

date of this Order till the date of realization, payable by

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.

______________________ M.G.PRIYADARSINI,J

21.10.2022 pgp