Shaik Saleem, Ranga Reddy Dist vs Dharmendra Sejwar, Shivapuri ...
2023 Latest Caselaw 1065 Tel

       THE HON'BLE JUSTICE M.G. PRIYADARSINI

                 M.A.C.M.A. No. 1352 of 2015

JUDGMENT:

Being not satisfied with the quantum of compensation

awarded by the Chairman, Motor Accident Claims Tribunal-

cum-XI Additional District & Sessions Judge, (Fast Track

Court), Ranga Reddy District (for short, the Tribunal), in

O.P.No.738 of 2011, dated 26.05.2014, the appellant/

claimant has preferred the present appeal seeking

enhancement of the compensation.

2. For the sake of convenience, the parties hereinafter are

referred to as they are arrayed before the Tribunal.

3. The facts, in issue, are as under:

The claimant has filed a petition under Section 166 of

the Motor Vehicles Act, 1994, claiming compensation of

Rs.15,00,000/- for the injuries sustained by him in a motor

vehicle accident occurred on 13.06.2011 at about 7.45 pm.

According to the claimant, on 13.06.2011, while he was

driving Toyoto Qualis bearing No. AP 9 U 4141 along with his

friends and when they reached near Warner Chemical Factory

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at the outskirts of Laxmakkapally Village, Mulugu Mandal,

Warangal District, the driver of Lorry bearing No.MP 33 H

1921, drove it in a rash and negligent manner and while

trying to overtake another vehicle, dashed against the Qualis

of the claimant, as a result the claimant has sustained

grievous injuries. Immediately, he was shifted to nearby

Government Hospital, thereafter shifted to BBR Hospital,

Balanagar, Hyderabad, and from there he was shifted to NIMS

Hospital, where his leg was amputated and he has sustained

permanent disability. Thus, the claimant became dependent

on others and he has to purchase an artificial leg, which has

to be replaced in every three years. He spent considerable

amount towards medical expenses, extra nourishment,

attendant charges besides loss of income. Therefore, he filed

the claim petition against respondent Nos.1 and 2, who are

owner and insurer of Lorry bearing No. MP 33 H 1921

respectively, seeking compensation of Rs.15,00,000/- under

different heads.

4. Before the Tribunal, while respondent No.1 remained

ex parte, respondent No.2-Insurance Company has resisted

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the claim by filing a counter and contended that as per the

record of NIMS Hospital, where the claimant was treated, it is

mentioned that the claimant was driving two wheeler at the

time of accident. It is contended that the driver of lorry has

no valid driving licence and the claimant has to prove the

manner of accident, nature of injuries, expenses incurred and

the disability sustained by him. It is also contended that the

compensation claimed is highly excessive and prayed to

dismiss the claim petition.

5. Considering the averments in the claim petition and the

counter and both the oral and documentary evidence brought

on record, the Tribunal has allowed the O.P. in part awarding

compensation of Rs.11,47,000/- with costs and interest at 9%

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

realization, against respondent Nos.1 and 2 jointly and

severally, to the claimant for the injuries sustained by him in

the road accident. Seeking further enhancement of

compensation, the claimant has approached this Court with

the present appeal.

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6. Heard both sides and perused the material available on

record.

7. The finding of the Tribunal with regard to the manner in

which the accident took place has become final as the same is

not challenged either by the owner or insurer of the vehicle.

8. The short question that arises for consideration in this

appeal is "whether the compensation awarded by the Tribunal

is just and equitable"?

9. The only contention advanced by the learned counsel for

the appellant-claimant is that in order to establish the fact

that on account of injuries sustained by the claimant in the

accident he has suffered permanent disability at 70% due to

amputation of his leg, he has produced Ex.A-12-Disability

Certificate issued by the NIMS Hospital, Hyderabad, and the

same was substantiated with the evidence of PW-2- Doctor,

who has categorically deposed that the claimant has

sustained 70% disability. He further submits that though the

claimant was working as Driver, the Tribunal has taken his

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monthly income at Rs.4,000/- only and thereby awarded

meager amount of compensation.

10. On the other hand, the learned Standing Counsel for

the Insurance Company has contended that considering the

nature of injuries and the length of treatment, the Tribunal

has adequately awarded the compensation and it has rightly

awarded just compensation under the head of disability and

therefore, there is no reason to interfere with the said findings

arrived at by the Tribunal. Thus, he sought for dismissal of the

appeal.

11. In order to award compensation in case of personal

injuries, the Apex Court in Raj Kumar Vs. Ajay Kumar and

another1 held as under:

"5. The heads under which compensation is awarded in personal injury cases are the following :

Pecuniary damages (Special Damages)

(i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure.

(ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising:

(a) Loss of earning during the period of treatment;

MACD 2011 (SC) 33

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(b) Loss of future earnings on account of permanent disability.

(iii) Future medical expenses.

Non-pecuniary damages (General Damages)

(iv) Damages for pain, suffering and trauma as a consequence of the injuries.

(v) Loss of amenities (and/or loss of prospects of marriage).

(vi) Loss of expectation of life (shortening of normal longevity). In routine personal injury cases, compensation will be awarded only under heads (i), (ii)(a) and (iv). It is only in serious cases of injury, where there is specific medical evidence corroborating the evidence of the claimant, that compensation will be granted under any of the heads (ii)(b), (iii), (v) and (vi) relating to loss of future earnings on account of permanent disability, future medical expenses, loss of amenities (and/or loss of prospects of marriage) and loss of expectation of life. Assessment of pecuniary damages under item (i) and under item (ii)(a) do not pose much difficulty as they involve reimbursement of actuals and are easily ascertainable from the evidence. Award under the head of future medical expenses - item (iii) -- depends upon specific medical evidence regarding need for further treatment and cost thereof. Assessment of non-pecuniary damages - items (iv), (v) and (vi) - involves determination of lump sum amounts with reference to circumstances such as age, nature of injury/deprivation/disability suffered by the claimant and the effect thereof on the future life of the claimant. Decision of this Court and High Courts contain necessary guidelines for award under these heads, if necessary. What usually poses some difficulty is the assessment of the loss of future earnings on account of permanent disability - item (ii)(b)."

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12. In light of the principles laid down in the

aforementioned case, it is suffice to say that in determining

the quantum of compensation payable to the victims of

accident, who are disabled either permanently or temporarily,

efforts should always be made to award adequate

compensation not only for the physical injury and treatment

but also for the loss of earnings, inability to lead a normal life

and enjoy amenities, which would have been enjoyed but for

disability caused due to the accident.

13. A perusal of the material on record reveals that, in order

to substantiate his claim that he has sustained 70%

permanent disability, the claimant apart from examining

PW-2 got marked Ex.A-12-Disability Certificate issued by

NIMS Hospital, Hyderabad. Therefore, considering Ex.A-12

and the evidence of PW-2, this Court is inclined to accept

permanent disability suffered by the claimant at 70%.

14. Coming to the quantum of compensation, considering

the fact that the claimant has been eking out his livelihood

through his profession as a driver and considering the

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prevailing minimum wages at the relevant point of time, this

Court is inclined to fix his monthly income at Rs.5,000/-

instead of Rs.4,000/- taken by the Tribunal, and annually it

comes to Rs.60,000/-. As the claimant was aged about 32

years at the time of accident, the appropriate multiplier is '16'

instead of '17' as applied by the Tribunal. Thus, under the

head of loss of income due to disability, the claimant is

awarded a sum of Rs.6,72,000/- (Rs.60,000 x 16 x 70/100).

The compensation of Rs.1,00,000/- towards pain and

suffering, Rs.50,000/- towards attendant charges,

Rs.2,38,918/- towards medical expenses and Rs.3,50,000/-

towards fixing of artificial limb and its maintenance, awarded

by the Tribunal, are not interfered with. Thus, in all, the

claimant is entitled for the compensation of Rs.14,10,918/-

and it can be rounded to Rs.14,10,900/-.

15. Accordingly, the M.A.C.M.A. is allowed enhancing the

quantum of compensation awarded by the Tribunal from

Rs.11,47,000/- to Rs.14,10,900/-. The enhanced amount

shall carry interest at the rate of 7.5% per annum from the

date of the petition till the date of realization. The amount

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shall be deposited by respondent Nos.1 and 2 jointly and

severally within a period of two months from the date of

receipt of a copy of this judgment. On such deposit, the

claimant is permitted to withdraw the entire compensation

amount. However, the claimant shall pay the deficit Court

Fee on the enhanced compensation. No order as to costs.

16. Pending Miscellaneous Applications, if any, shall stand

closed.

______________________________ JUSTICE M.G. PRIYADARSINI

Date: 03.03.2023 svl

MGP, J Macma_1352_2015

THE HON'BLE JUSTICE M.G. PRIYADARSINI

M.A.C.M.A. No. 1352 of 2015

DATE: 03-03-2023

svl