Gunta Pally Gangadhar vs Mohd Afroze And Another
2023 Latest Caselaw 2278 Tel

     HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

                   M.A.C.M.A.No.2941 OF 2007

JUDGMENT:

This appeal is preferred by the appellant-Injured,

questioning the order and decree, dated 16.05.2007 passed in

O.P.No.1437 of 2002 on the file of the Chairman, MACT-Cum-

(III ADJ), (FTC), Nizamabad (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 (1) (a)

of the Motor Vehicles Act,1988 and Rule 455 of A.P.M.V.Rules,

1989 claiming compensation of Rs.2,00,000/- for the

sustained injuries by him in a motor vehicle accident. It is

stated that on 05.09.2002 he was travelling in the 1st

respondent's jeep bearing No.AP-11-F-9812 insured with 2nd

respondent in policy cover note No.60116 from village

Nyavanandi to Bheemgal village and at about 10:30 am, when

the said jeep reached the limits of Narsingpally village on

Sirikonda to Bheemgal road its driver drove it in high speed in

a rash and negligent manner and lost control. As a result of

it, the jeep turned turtle and all the inmates have fell down

and petitioner came under the jeep and sustained fracture to

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right hand, other grievous injuries to right knee, nose and

other injuries all over the body. Immediately after the

accident he was taken to Government Hospital, Bheemgal,

later he took treatment from private doctors and incurred an

expenditure of Rs.80,000/- for the medicines and other

incidental charges. Before the aforesaid accident, the

petitioner was having income of Rs.8,000/- per month from

agriculture. The Police Sirikonda registered a case in

Cr.No.55 of 2002 for the offence under Section 338 of IPC

against the jeep driver. Therefore, he laid the claim against

the respondents.

4. Before the Tribunal, first respondent remained exparte

and 2nd respondent filed written statement and denied the

material averments made in the petition.

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

framed before the Tribunal:-

1) Whether the accident was occurred due to the rash and negligent driving of jeep bearing No.AP-11-F- 9812 by its driver ?

2) Whether the petitioner is entitled for compensation? If so, to what amount and against which of the respondents ?

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3) To what relief?

6. During trial, on behalf of the claimant, PW-2 is

examined and got marked Exs.A1 to A5 and Ex.C1. On behalf

of the respondents, Nizamabad Branch Manager Sri

A.S.S.Srinivasa Rao was examined as RW-1 and got marked

Ex.B-1 and Ex.B-2.

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 jeep and awarded total compensation of Rs.9,000/- with

interest @ 7.5% per annum, i.e., Rs.6,000/- towards four

simple injuries, Rs.2,000/- towards medical expenses,

Rs.1,000/- towards transportation. 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.

9. The main contention of the learned Counsel for the

appellant is that the Court below erred in not awarding the

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compensation towards pain and suffering due to the injuries

received in the accident.

10. A perusal of the record, it reveals that Rs.6,000/-

awarded towards four simple injuries, Rs.2,000/- towards

medical bills and Rs.1,000/- towards transportation are

meager, as such this Court is inclined to enhance the amount

of compensation by Rs.24,000/- for the four injuries,

Rs.5,000/- for medical expenditure and Rs.3,000/- for

transportation.

11. At this juncture, it is also pertinent to note that the

learned Tribunal failed to award any amount under the head

of extra-nourishment. Therefore, if an amount of Rs.20,000/-

is awarded towards extra-nourishment for the nature of

injuries sustained by the petitioner, it would meet the ends of

justice. Except the above said enhancements, the Judgment

of the Tribunal remains unchanged.

12. In the result, the Motor Accident Civil Miscellaneous

Appeal is partly allowed, enhancing the compensation amount

awarded by the Tribunal from Rs.9,000/- to Rs.52,000/-. The

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enhanced amount shall carry interest @ 7.5% per annum

from the date of claim petition till realization.

Miscellaneous petitions pending, if any, shall stand

closed. No costs.

______________________ NAGESH BHEEMAPAKA, J 12.09.2023 VRKS

NBK, J MACMA_2941_2007

HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

M.A.C.M.A.No.2941 OF 2007

12.09.2023 VRKS