Mohammad Annas vs G.Nageshwar Rao And Anr
2023 Latest Caselaw 2430 Tel

     HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

                     M.A.C.M.A.No.2827 OF 2007

JUDGMENT:

This appeal is preferred by the appellant-Injured,

questioning the order and decree, dated 07.03.2007 passed in

O.P.No.143 of 2005 on the file of the Chairman, MACT-Cum-Prl.

District and Sessions Judge, Nalgonda (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 16.02.2005 the petitioner

was proceeding towards Hyderabad from Choutuppal on his

motor cycle bearing No.AP-11-N-6922 on the extreme left side of

the road and when he reached Pokarna Factory, outskirts of

Tupranpet Village one Ambassador Car bearing No.AP-04-9329

came from Hyderabad side in a rash and negligent manner with

high speed came on wrong side and dashed to the motorcycle of

the petitioner. As a result, the petitioner fell from the motorbike

and received fracture to his right left and right hand and

received grievous injuries all over the body. Immediately, he

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was taken to Kamineni Hospital, L.B.Nagar, Hyderabad and

there he was operated and plating was done to his right hand,

skin grafting was also done to his right leg and rods were

inserted. The Police, Choutappal had registered a case in

Cr.No.30 of 2005 under Section 338 of IPC. Prior to the

accident, the petitioner was hale and healthy aged about 26

years and working as lecturer in Brilliant Commerce Coaching

Centre, Chanchalgude, Hyderabad and he is also regular

teacher of 786 Convent High School, Yakuthpura, Hyderabad

and used to get Rs.8,000/- per month on an average. 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 petitioner received injuries in the road accident? If so, whether the accident occurred due to rash and negligent driving of the Ambassador Car bearing Registration No.AP-04-9329, by its driver?

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

3) To what relief?

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6. During trial, on behalf of the claimant, PW-1 and PW-2

are examined and got marked Exs.A1 to A14. On behalf of the

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

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 Car and awarded total compensation of Rs.1,94,746/- with

interest @ 7.5% per annum, i.e., Rs.99,745.67/- towards

medical expenses, Rs.40,000/- towards two grievous injuries,

Rs.50,000/- towards permanent disability and Rs.5,000/-

towards pain and suffering. 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 awarding the

lumsump amount towards permanent disability and

compensation towards pain and suffering is very meager for the

injuries received in the accident.

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10. By taking into account the Salary Certificates issued

under Ex.A-9 and Ex.P-10, it is clear that the deceased is stated

to be working as teacher, as such I am inclined to fix the

monthly income of the deceased at Rs.3,000/-. The appellant

filed Ex.A.11, disability certificate, which shows the disability of

the appellant at 40%. 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 40%.

11. As the appellant was aged about 26 years at the time of

accident, the appropriate multiplier is '17'. Hence, the

compensation under the head 'loss of income' comes to

Rs.2,44,800/- {Rs.1200/- X 12 X 17}. Due to the two fracture

injuries, the appellant might have lost earnings for a period of at

least three months. Hence, an amount of Rs.9,000/-

(Rs.3,000/- X 3 months) is granted towards loss of earnings. In

the facts of the present case, the appellant is granted an

amount of Rs.99,745/- towards medical bills, which warrants

no interference and since the tribunal had not awarded any

compensation under the head of extra-nourishment, keeping in

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view the injuries sustained by claimant, Rs.25,000/- can be

awarded towards extra nourishment.

12. Further, a perusal of the record, it is seen that no amount

was awarded towards future medical expenditure and it is

pertinent to note that the tribunal erred in not granting

sufficient amount towards pain and suffering. Keeping in view

the nature of fracture injuries sustained by the claimant and

while considering the evidence of PW-2, an amount of

Rs.50,000/- is granted towards future medical expenditure

such as removal of implants etc. Further, a compensation of

Rs.5,000/- awarded towards pain and suffering is enhanced to

Rs.40,000/-. Therefore, the total compensation comes to

Rs.4,68,545/- (Rs.2,44,800/- + Rs.9,000/- + Rs.99,745/- +

Rs.25,000/- + Rs.50,000/- + Rs.40,000/-).

13. In the result, the Motor Accident Civil Miscellaneous

Appeal is allowed enhancing the compensation amount awarded

by the Tribunal from Rs.1,94,746/- to Rs.4,68,545/-. The

enhanced amount shall carry interest @ 7.5% per annum from

the date of claim petition till realization. As the appellant

claimed only Rs.2,50,000/-, he is directed to deposit deficit

Court fee before the Tribunal.

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Miscellaneous petitions pending, if any, shall stand

closed. No costs.

____________________________ NAGESH BHEEMAPAKA, J 15.09.2023 VRKS

NBK, J MACMA_2827_2007

HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

M.A.C.M.A.No.2827 OF 2007

15.09.2023 VRKS