Telangana High Court
Gogikar Karamjee vs Andukula Chennakeshavulu And ... on 15 November, 2023
Bench: K. Sujana
THE HONOURABLE SMT. JUSTICE K. SUJANA
M.A.C.M.A.No.857 of 2008
JUDGMENT:
Feeling aggrieved and dissatisfied with the judgment and decree dated
03.08.2007 in O.P.No.3169 of 2005 passed by the V Additional Metropolitan
Sessions Judge (Mahila Court)-cum- XIX Additional Chief Judge, City
Criminal Courts, Hyderabad (for short 'The Tribunal'), the
appellant/claimant preferred the present appeal.
2. Vide the aforesaid award, the Tribunal has awarded an amount of
Rs.1,14,000/- (Rupees One Lakh Fourteen Thousand only) as compensation
with proportionate costs and interest at 7.00% per annum thereon from the
date of petition till the date of realization. The Tribunal directed respondent
Nos.1 and 2 to deposit the amount.
3. The appellant/claimant filed the claim petition before the Tribunal
under Section 166 of the Motor Vehicles Act, 1988 for an amount of
Rs.3,00,000/- (Rupees Three Lakhs only) for the injuries sustained by the
appellant in the road accident.
4. Respondent No.1 is the owner of the Auto bearing No. AP 24 V 4921
and respondent No.2 is the Insurance Company Limited.
5. Heard Sri R. Narender, learned counsel appearing for respondent
No.2-Insurance Company.
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MACMA.No.857_2008
6. Insurance Company has not filed any appeal in disputing the liability
and also not disputing the amount awarded by the Tribunal.
7. It is the specific contention of learned counsel for the appellant that
on 12.05.2005 the appellant along with some others boarded an auto at
Mallepally village to go to Ajmapuram village on his personal work. At about
02:00 P.M., when the auto reached the outskirts of the village
Chinnamnenipally, the driver of the auto drove it in a rash and negligent
manner and lost control over the auto, as a result, the auto turned turtle
and all the passengers, including the appellant, sustained injuries.
8. The Tribunal on considering the entire evidence, both oral and
documentary, gave a finding that the accident had occurred due to rash and
negligent driving of respondent No.1 and the same vehicle is insured with
respondent No.2, as such, the Tribunal awarded an amount of
Rs.1,14,000/- payable by respondent Nos.1 and 2. Aggrieved by the
quantum, the claimant filed the present appeal.
9. Learned counsel for the appellant contended that though the
appellant received fractural injuries and he was in the hospital for a period
of three (3) months, the Tribunal did not considered the same and awarded
only meager amount.
10. On the other hand, learned counsel for the respondent No.2 submitted
that the Tribunal awarded sufficient amount and there is no need to
enhance the said amount.
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MACMA.No.857_2008
11. As seen from the record, to prove the claim, the appellant examined
himself as P.W.1 and also examined Medical Officer as P.W.2 and marked
Exs.A1 to A11 and Ex.C1. R.Ws.1 and 2 were examined and Exs.B1 to B3
and Exs.X1 and X2 were marked on behalf of the respondent No.2.
12. To prove the injuries, Dr. Prashanth examined as P.W.2 and according
to him, the appellant received fractural injuries and due to the accident he
got permanent disability.
13. The Tribunal awarded an amount of Rs.25,000/- towards pain and
suffering for the injuries which is reasonable and the same is maintained.
Further, basing on Exs.A6 and A9, the Tribunal awarded an amount of
Rs.46,290/- towards medical expenses which is reasonable and the same is
maintained. Further, the Tribunal awarded an amount of Rs.5,000/-
towards transportation charges, whereas, as seen from the record, the
appellant treated for more than two months. Therefore, Rs.25,000/- is
awarded towards transportation charges and extra nourishment. Further,
the Tribunal awarded an amount of Rs.12,500/- under the head of loss of
earnings taking the income of the appellant for consideration as Rs.2,500/-
per month for a period of six (6) months which is meager amount, as the
appellant is doing business. He did not disclose the name of the business.
Now, the income of the appellant is taken as Rs.4,000/- per month and total
Rs.24,000/- is awarded for a period of six (6) months. Considering the age
and probable disability of the appellant, the Tribunal awarded an amount of
Rs.5,000/- which is meager. To prove the disability, the petitioner filed
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MACMA.No.857_2008
Ex.A7-Disability Certificate, whereas, perusal of said document it does not
specify the nature of disability. Considering the age of the petitioner an
amount of Rs.50,000/- is awarded under the head of future amenities.
Further an amount of Rs.5,000/- is awarded towards Damage to clothes.
14. In the light of the above mentioned discussion, the claimants are
entitled to the following amounts:
Heads Amounts
Pain and suffering Rs.25,000/-
Medical expenses Rs. 46,290/-
Transportation and extra Rs.25,000/-
nourishment
Loss of temporary earnings Rs.24,000/-
Future amenities Rs.50,000/-
Damage to clothes Rs.5,000/-
Total Rs.1,75,290/- (Rounded off to
Rs.1,76,000/-)
15. In the result, the appeal filed by the appellant is allowed in part.
Accordingly, the Judgment and decree dated 03.08.2007 in O.P.No.3169 of
2005 passed by the Tribunal are modified enhancing the compensation from
Rs.1,14,000/- to Rs.1,76,000/- (Rupees One Lakh Seventy-Six Thousand
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MACMA.No.857_2008
only) with interest at the rate of 7.00% per annum from the date of petition
till realization against respondent Nos.1 and 2.
16. Respondent Nos.1 and 2 are jointly and severely liable to pay the same
and directed to deposit the said amount with interest and costs after
deducting the amount, if any, deposited earlier within one (1) month from
the date of receipt of certified copy of this Judgment and thereafter, the
appellant is permitted to withdraw the same. There shall be no order as to
costs.
As a sequel, miscellaneous petitions, pending if any, shall stand
closed.
_______________
K. SUJANA, J
DATE: 15.11.2023
SAI
