Vadla Bhagya Laxmi vs Sri B.V. Durgha Prasad
2023 Latest Caselaw 4221 Tel

Citation : 2023 Latest Caselaw 4221 Tel
Judgement Date : 29 November, 2023

Telangana High Court

Vadla Bhagya Laxmi vs Sri B.V. Durgha Prasad on 29 November, 2023

          THE HONOURABLE SMT. JUSTICE K. SUJANA
                     M.A.C.M.A.No.1769 of 2008
JUDGMENT:

Feeling aggrieved and dissatisfied with the judgment and decree dated

11.01.2008 in O.P.No.1434 of 2001 passed by the Motor Accident Claims

Tribunal-cum-VI Additional District Judge, (Fast Tract 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.22,500/- (Rupees Twenty-Two Thousand Five Hundred 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 Two Lakhs only) for

the injuries sustained by the appellant in the road accident.

4. Respondent No.1 is the lorry driver and respondent No.2 is the

Insurance Company Limited.

5. Heard Sri S. Surender Reddy, learned counsel appearing for the

appellant.

SKS,J MACMA.No.1769_2008

6. Insurance Company has not filed any appeal disputing the liability

and the amount awarded by the Tribunal.

7. It is the specific contention of learned counsel for the appellant that

on 06.11.2000 the appellant and her parents were traveling in the auto

bearing No.AP 23 U 5381 from village Pathur to Kamareddy at about 12:00

noon, when the said auto reached near Yellakatta vagu bridge in the limits

of Bhiknoor, a lorry bearing No. AP 16 T 6248 came at high speed in a rash

and negligent manner, driver lost control and dashed the auto. As a result,

the appellant and other inmates received 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.22,500/-

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 06 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

interfere in the said amount.

SKS,J MACMA.No.1769_2008

11. As seen from the record, to prove the claim, the appellant himself

examined as P.W.1 and also examined Medical Officer as P.W.2 and marked

Exs.A1 to A5.

12. To prove the injuries, Dr. Ajay Kumar examined as P.W.2 and

according to him, the appellant received one grievous injury. Ex.A3-injury

certificate issued by him.

13. The Tribunal awarded an amount of Rs.10,000/- towards pain and

suffering for one grievous injury which is meager. This Court is inclined to

grant Rs.15,000/- towards pain and suffering for one grievous injury. The

Tribunal awarded an amount of Rs.5,000/- towards medical expenses which

is not sufficient. This Court is inclined to grant Rs.10,000/- towards

Medical Expenses. The Tribunal awarded an amount of Rs.2,000/- towards

transportation charges and Rs.1,000/- for extra nourishment. This Court is

inclined to grant Rs.25,000/- towards transportation charges and extra

nourishment. Further, the Tribunal awarded an amount of Rs.4,500/-

under the head of loss of earnings taking the income of the appellant for

consideration as Rs.1,500/- per month for a period of thee (3) months which

is meager amount as the appellant is an agriculturist and milk vendor. This

Court is inclined to take the income of the appellant as Rs.5,000/- per

month and total Rs.15,000/- is awarded for a period of three (3) months and

the appellant is entitled for an amount of Rs.5,000/- towards Damage to

clothes.

SKS,J MACMA.No.1769_2008

14. In the light of the above mentioned discussion, the claimant is entitled

to the following amounts:

           Heads                                Amounts


          Pain and suffering                    Rs.15,000/-

          Medical expenses                     Rs. 10,000/-

      Transportation and extra                  Rs.25,000/-
           nourishment

      Loss of temporary earnings                Rs.15,000/-



          Damage to clothes                     Rs. 5,000/-

                Total                           Rs.70,000/-

15. In the result, the appeal filed by the appellant is allowed in part.

Accordingly, the Judgment and decree dated 11.01.2008 in O.P.No.1434 of

2001 passed by the Tribunal are modified enhancing the compensation from

Rs.22,500/- to Rs.70,000/- (Rupees Seventy 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

SKS,J MACMA.No.1769_2008

appellant is permitted to withdraw the same. There shall be no order as to