Jan Mohammed vs Keshaboina Ashok And 2 Others
2023 Latest Caselaw 3118 Tel

     HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

                     M.A.C.M.A.No.1468 OF 2007

JUDGMENT:

This appeal is preferred by the appellant-Injured,

questioning the order and decree, dated 12.03.2007 passed in

O.P.No.801 of 2004 on the file of the Chairman, MACT-Cum-V

Additional District and Sessions Judge, Warangal (for short, the

Tribunal).

2. For the sake of convenience, the parties have been

referred to as arrayed before the Tribunal.

3. The petitioner filed a petition under Section 166 of the

Motor Vehicles Act, 1988 claiming compensation of

Rs.2,50,000/- for the sustained injuries by him in a motor

vehicle accident. It is stated that on 27.02.2003 at 10:00 am in

front of B.Ed College, Lashkar Bazar, Hanamkonda an accident

occurred due to rash and negligent driving of the driver of the

Auto rickshaw bearing No.AP-36-T-7542, in the said accident he

received grievous injuries and inspite of prolonged treatment by

spending huge amount he was not recovered from that injuries

and resulted permanent disability.

4. Before the Tribunal, first respondent Nos.1 to 3 filed

counter and denied the material averments made in the petition.

NBK, J MACMA_1468_2007

5. Basing on the above pleadings, the following issues are

framed before the Tribunal:-

1) Whether the accident took place due to rash and negligent driving of vehicle bearing No.AP-36-C-1664 (Scooter) driven by its driver, as per Section 166 of M.V.Act ?

2) Whether the petitioner is entitled for compensation? If so, to what amount and from whom?

3) To what relief?

6. During trial, on behalf of the claimant, PW-1 to PW-5 are

examined and got marked Exs.A1 to A19. On behalf of the

respondents, Ex.B-1 Copy of Policy is marked by consent.

7. After considering the oral and documentary evidence on

record, the Tribunal came to the conclusion that the accident

occurred due to the rash and negligent driving of the driver of

the auto rickshaw and awarded total compensation of

Rs.55,000/- with interest @ 7.5% per annum. Dissatisfied with

the quantum of compensation, the appellant filed the present

appeal, seeking enhancement of the same.

8. Heard both sides and perused the material available on

record.

NBK, J MACMA_1468_2007

9. The main contention of the learned Counsel for the

appellant is that the Court below erred in awarding the

compensation for disability @ 20% and granted very meager for

the injuries received in the accident.

10. By taking into account the Income Tax Returns filed

under Ex.A-13 and Ex.A-15 to Ex.A-18 which are Certificate

issued by the Bar Council and Vakalat in various cases, it is

clear that the injured is stated to be working as Advocate and

an Income Tax Assessee, as such I am inclined to fix the

monthly income of the deceased at Rs.6,000/-. The appellant

filed Ex.A.9, disability certificate, which shows the disability of

the appellant at 20%. The appellant examined P.W.2, the doctor

who treated the appellant, who admitted to have filed Ex.A.11

and deposed about the nature of injuries sustained by the

appellant. Therefore, I am inclined to take the disability of the

appellant at 20%. Since as per the I.T returns, his monthly

income is fixed at Rs.6,000/-, his 20% of his annual income

would be Rs.6,000/- X 12 X 20/100 = Rs.14,400/-.

11. As the appellant was aged about 47 years at the time of

accident, the appropriate multiplier is '13'. Hence, the

NBK, J MACMA_1468_2007

compensation under the head 'loss of income' comes to

Rs.1,87,200/- {Rs.14,400/- X 13}.

12. Therefore, the total compensation comes to

Rs.2,42,200/-. (Rs.20,000/- Loss of earnings, Rs.20,000/-

Medical & Extra-nourishment, Rs.5,000/- Pain & Suffering,

Rs.10,000/- Fractures awarded by Lower Court and

Rs.1,87,200/- awarded by this Court under General/Special

damages).

13. In the result, the Motor Accident Civil Miscellaneous

Appeal is allowed enhancing the compensation amount awarded

by the Tribunal from Rs.55,000/- to Rs.2,42,200/-. The

enhanced amount shall carry interest @ 7.5% per annum from

the date of claim petition till realization. The owner and

insurer/respondents are jointly and severally liable to pay the

compensation as they are directed to deposit the awarded

amount by setting of the amounts, if any, within one month

from the date of receipt of a copy of this judgment.

Miscellaneous petitions pending, if any, shall stand

closed. No costs.

____________________________ NAGESH BHEEMAPAKA, J 12.10.2023 VRKS

NBK, J MACMA_1468_2007

HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

M.A.C.M.A.No.1468 OF 2007

12.10.2023 VRKS