Telangana High Court
Korra Vittal vs Fazaluddin Mohd on 15 November, 2023
Bench: K. Sujana
THE HONOURABLE SMT. JUSTICE K. SUJANA
M.A.C.M.A.No.2024 of 2008
JUDGMENT:
Feeling aggrieved and dissatisfied with the judgment and decree
dated 22.01.2008 in O.P.No.178 of 2005 passed by the Motor Accident
Claims Tribunal-cum-V Additional District Judge, (Fast Track Court),
Nizamabad (for short 'The Tribunal'), the appellant/claimant preferred
the present appeal.
2. Vide the aforesaid award, the Tribunal has awarded an amount
of Rs.20,000/- (Rupees Twenty Thousand only) as compensation with
proportionate costs and interest at 7.5% 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(1)(a) of the Motor Vehicles Act, 1988 r/w
Rule 455 of the A.P.M.V Rules 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 Jeep bearing No. AP 25 U
1336 and respondent No.2 is the Insurance Company Limited.
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5. Heard Sri Y.S. Yellanand Gupta, learned counsel appearing for
the appellant as well as Sri P. Harinath Gupta, learned counsel
appearing for respondent No.2-Insurance Company.
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 09.07.2004 the appellant along with others were travelling in
the jeep bearing No. AP 25 U 1336 at about 7: 30 P.M., when the jeep
reached near Boggu Grudisalu turning, the driver of the jeep drove the
same in a rash and negligent manner, with high speed and lost control
over the vehicle, due to which the jeep turned turtle. The appellant
and other inmates of the jeep sustained multiple and grievous injuries.
8. The Tribunal on consideration of 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.20,000/- payable by respondent Nos.1 and 2. Aggrieved
by the quantum, the claimants filed the present appeal.
9. Learned counsel for the appellant contended that though he
received fractural injuries and he was in the hospital for a period of 40
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days, 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.
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 A3.
12. To prove the injuries, Dr. V. Akhilesh examined as P.W.2 and
according to him, the appellant received three grievous injuries. To
that effect he produced Ex.A3-C.C. of injury certificate.
13. The Tribunal awarded an amount of Rs.8,000/- towards pain
and suffering for all the three grievous injuries which is meager. As
the appellant received three grievous injuries, he is entitled for
Rs.45,000/- under the head of pain and suffering. Further, basing on
Ex.A3, the Tribunal awarded an amount of Rs.8,000/- towards
medical expenses, extra diet and attendance. This Court is inclined to
grant Rs.10,000/- towards Medical Expenses, and Rs.25,000/-
towards transportation charges and extra nourishment. As the
appellant is an agriculturist and doing vegetable business the Tribunal
awarded an amount of Rs.4,000/- under the head of loss of earnings
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taking the income of the appellant which is meager amount. Hence,
this Court is inclined to take the income of the appellant as
Rs.4,000/- per month and total Rs.24,000/- is awarded for a period of
six (6) months as he received fractural injuries he would have not
attended for his regular duties for six (6) months. Further an amount
of Rs.5,000/- is awarded towards Damage to clothes.
14. In the light of the above discussion, the claimants are
entitled to the following amounts:
Heads Amounts
Pain and suffering (three Rs.45,000/-
grievous injuries Rs.15,000 X 3)
Medical expenses Rs. 10,000/-
Transportation and extra Rs.25,000/-
nourishment
Loss of temporary earnings Rs.24,000/-
Damage to clothes Rs.5,000/-
Total Rs.1,09,000/-
15. In the result, the appeal filed by the appellant is allowed in part.
Accordingly, the Judgment and decree dated 22.01.2008 in
O.P.No.178 of 2005 passed by the Tribunal are modified enhancing
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the compensation from Rs.43,000/- to Rs.1,09,000/- (Rupees One
Lakh Nine Thousand only) with interest at the rate of 7.5% 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:
SAI
