Telangana High Court
Jampala Urmila vs Md.Azeemuddin And Anr on 2 August, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.2815 of 2008
JUDGMENT:
This appeal is filed by the claimant aggrieved by the
award dated 05.09.2005 in MVOP No.895 of 2003 passed by the
Chairman, Motor Vehicle Accidents Claims Tribunal (I Addl.
District Judge, Warangal.
2. Heard both sides and perused the entire material on
record.
3. The claim petition was filed seeking compensation of
Rs.2,50,000/- and the Tribunal has granted compensation of
Rs.40,000/- with interest @ 7.5% per annum from the date of
petition till the date of deposit.
4. The case of the claimant is that on 22.01.2003, the
claimant boarded auto along with her daughter to reach her
village. However, while they were on the way, the offending
vehicle which is a lorry driven by its driver in a rash and
negligent manner with high speed hit the auto resulting in the
claimant receiving fracture injuries, which are 1) Olcaranon
fracture, 2) fracture radius middle 1/3rd and 3) cheek fracture
distal end radius right. She also received fractures to right arm
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elbow and dislocation of elbow. According to her, though she
had taken continuous treatment, she did not get back to
normal. The Medical Board issued disability certificate certifying
that she sustained 20% permanent partial disability.
5. The liability of the Insurance company and the injuries
are not in dispute, so also disability of the claimant. The Doctor
who treated the claimant was also examined as PW2 regarding
injuries and disability factor.
6. Learned counsel for the appellant would submit that the
disability certificate issued by the Medical board under Ex.A7
was not considered. The Tribunal ought to have granted
compensation on the basis of the disability considering her
income at Rs.3,000/- per month.
7. Learned counsel for the Insurance company would
submit that no proof is filed regarding income of the claimant.
8. According to the claimant, she was working as daily
wage labourer and earning Rs.100/- per day @ Rs.3,000/- per
month. One cannot expect there to be any documentary proof of
such income when she was working as a daily wage labourer at
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different places. Accordingly, this Court is inclined to consider
the monthly income at Rs.2,500/- and grant compensation.
9. As per the disability certificate Ex.A7 issued by the
Medical board, the claimant has sustained 20% disability.
10. According to Ex.A4 Medical certificate issued by the
treating doctor PW2, the claimant has sustained three fractures,
for which, this Court is inclined to grant an amount of
Rs.60,000/- (Rs.20,000x3).
11. Since this Court is inclined to take the monthly income
at Rs.3,000/-, as per the age of the claimant i.e. 40 years as on
the date of accident, if 25% future prospects are added, the
annual income would come to Rs.45,000/- (Rs.3,000+750X12).
As per Schedule II of the Act, if the said annual contribution
arrived is multiplied with relevant multiplier to the age of the
claimant i.e.15, the total amount comes to Rs.6,75,000/-.
Hence, the claimant is entitled Rs.1,35,000/-
(Rs.6,75,000X20/100) for loss of future income due to disability.
12. Basing on the evidence available on record, the Tribunal
has granted an amount of Rs.25,000/- towards pain and
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suffering, Rs.5,000/- towards medical bills and Rs.10,000/- and
this court is not inclined to interfere with the said findings.
13. The Tribunal has not granted any amount under the
other conventional heads. Hence, this Court is inclined to grant
an amount of Rs.5,000/- for transportation & attendant charges
and Rs.5,000/- for extra nourishment.
14. In the light of the above discussion, the claimant is
entitled for the following compensation under different heads:
Head Compensation awarded
(1) Loss of earnings due to disability Rs.1,35,000
(2) Loss of income Rs.10,000
(3) Medical bills Rs.5,000
(4) Three grievous injuries Rs.60,000
(5) Pain and suffering Rs.25,000
(6) Transportation and attendant charges Rs.5,000
(7) Extra nourishment Rs.5,000
Total compensation awarded Rs.2,45,000/-
15. In the result, the Motor Accident Miscellaneous Appeal
is partly allowed enhancing the compensation amount awarded
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by the Tribunal from Rs.40,000/- to Rs.2,45,000/- as
hereunder:
(a) The enhanced amount shall carry interest at 7.5%
p.a. from the date of petition till the date of realization.
(b) The respondents shall deposit the amount within a
period of (8) weeks from the date of receipt of copy of
judgment. On such deposit, claimant is permitted to
withdraw entire amount without furnishing any
security.
Pending miscellaneous petitions, if any, shall stand
closed. No order as to costs.
__________________
K.SURENDER, J
Date : 02.08.2024
gvl
