Telangana High Court
Saida Begum vs B. Ramesh on 24 January, 2024
Author: G. Radha Rani
Bench: G. Radha Rani
THE HONOURABLE DR.JUSTICE G. RADHA RANI
M.A.C.M.A.No.3958 OF 2008
JUDGMENT:
This appeal is filed by the injured - claimant aggrieved by the award and
decree dated 20.10.2005 passed in O.P.No.232 of 2003 by the Motor Accident
Claims Tribunal (for short "The Tribunal") (IV Additional District Judge - Fast
Track Court), Nizamabad, seeking enhancement of compensation.
2. The appellant - claimant filed a claim petition under Section 166 of the
Motor Vehicles Act, 1988 claiming compensation of Rs.1,50,000/- for the
injuries sustained by her in a motor vehicle accident on 02.08.2002 at about
08:30 PM at Balkonda Village near Vannel (B) Chowrastha at a distance of
1 KM from PS, Balkonda.
3. The petitioner stated that she was aged 32 years, R/o.Pochampad Village,
Balkonda Mandal. She was earning Rs.8,000/- per month from agriculture and
also by doing tailoring work. On 02.08.2002 at about 08:30 PM while she
along with others was travelling in an auto bearing No.AP-25-T-9631 from
Armoor to Mupkal and when reached near Vannel (B) Chowrasta in Balkonda
Village, the driver of the auto drove the same in a rash and negligent manner
with high speed and hit a motor cycle, due to which the auto turned turtle and
the claimant sustained fractures and other injuries. PS, Balkonda registered a 2
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case vide Crime No.110 of 2002 and filed charge-sheet against the driver of the
auto bearing No.AP-25-T-9631. The petitioner stated that immediately after the
accident, she was shifted to Government Civil Hospital, Balkonda from there to
Government Hospital, Nizamabad. Thereafter, she had taken treatment at a
private Hospital of Dr.G.Prakash at Armoor. She sustained fracture of left leg,
a surgery was performed and rods were inserted. Inspite of the best treatment,
she sustained permanent disability and loss of earnings. As such, the petitioner
claimed compensation from respondents 1 to 3, the previous and present owner
of the auto bearing No.AP-25-T-9631 and its insurer.
4. The respondents 1 and 2 remained ex-parte.
5. The respondent No.3 filed counter. He called for strict proof of the
petition averments. The respondent No.3 contended that respondent No.1 had
not informed the Company about the transfer of the vehicle in the name of
respondent No.2. The same was in violation of the policy condition. As such,
they were not liable to pay any compensation to the claimant and prayed to
dismiss the petition.
6. The Tribunal caused enquiry after framing the issues. The claimant
examined herself as PW.1 and got marked Exs.A1 to A9 in her favor. She also
examined Dr.G.Prakash, Orthopedic Surgeon who treated her as PW.2. The
respondent No.3 got examined a Junior Assistant of their Company as RW.1 3
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and got marked the copy of the Insurance Policy as Ex.B1 and the copy of the
transfer particulars of the crime vehicle as Ex.B2.
7. On considering the oral and documentary evidence on record, the
Tribunal awarded a sum of Rs.47,500/- to the claimant with proportionate costs
and interest @ 7.5 % per annum from the date of petition till the date of deposit
and held the respondents 2 and 3 jointly and severally liable to pay the said
compensation.
8. The Tribunal awarded an amount of Rs.5,000/- towards the grievous
injury sustained by the claimant, Rs.20,000/- towards medical expenses,
Rs.10,000/- towards pain and suffering, Rs.7,500/- towards loss of income for a
period of three months, Rs.5,000/- towards transportation and extra nourishment.
9. Aggrieved by the said award and decree of the Tribunal, the claimant
preferred this appeal contending that the Tribunal did not appreciate the
evidence of PWs.1 and 2 with regard to the fracture and other injuries sustained
by the claimant and that she incurred huge expenses towards treatment,
transportation, extra nourishment, attendant charges, lodging, etc. The Tribunal
had not awarded compensation under all the heads. The income of the claimant
was not fixed properly. No proper multiplier was applied and prayed to modify
the award and decree by awarding just compensation. 4
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10. Heard Sri K.M.Mahender Reddy, learned counsel for the appellant -
claimant and Smt.I.Maamu Vani, learned counsel for the respondent No.3 -
Insurance Company.
11. The evidence of PW.1 would disclose that she sustained fracture of left
leg and injuries on left hand and other parts of the body. Immediately after the
accident, she was shifted to Balkonda Government Hospital and thereafter she
was treated at Aparna Hospital at Armoor by Dr.G.Prakash. She underwent
operation for the fracture injury and rod was inserted in her left leg. She was
admitted as in-patient in the said hospital for 17 days, spent Rs.1,00,000/-
towards her treatment. Prior to the accident, she used to attend agricultural
work and used to do tailoring work and was earning Rs.7,000/- to Rs.8,000/- per
month. After the accident, she was unable to attend such works, as she was still
suffering with pain in the left leg.
12. She also got examined Dr.G.Prakash, Orthopedic Surgeon of Aparna
Hospital at Armoor as PW.2. PW.2 stated in his evidence that the clamant was
admitted in his hospital on 02.08.2002 with a swelling deformity of left thigh,
fracture of left femur, which was grievous in nature. A surgery was performed
on her and a K-nail was fixed on 07.08.2002 by Open Reduction and Internal
Fixation (for short "ORIF"). The patient was advised bed rest for a period of
three months and admitted the document marked under Ex.A4 (discharge 5
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prescription and case summary). The evidence of PW.2 would not disclose the
claimant sustaining any permanent disability. The appellant - claimant had also
not filed any certificate issued by the Medical Board assessing the disability.
As such, this Court finds no fault with the award of the Tribunal in not awarding
any amount towards permanent disability.
13. However, the evidence of PWs.1 and 2 and Ex.A4 would disclose that the
appellant - claimant sustained fracture shaft of left femur and she was admitted
as in-patient in a private hospital (Aparna Hospital) from 02.08.2002 to
19.08.2002 and an operation was performed on her and a K-nail was fixed. The
evidence of PW.2 also would disclose that the claimant required bed rest for a
period of three months. The appellant - claimant contended that she was
earning Rs.7,000/- to Rs.8,000/- by doing agriculture and tailoring work.
14. The learned counsel for the appellant - claimant relied upon the judgment
of the Hon'ble Apex Court in Savita and Others v. Divisional Manager,
Maharashtra State Road Transport Corporation 1 , wherein the notional
income of an agriculturist was considered as Rs.5,000/- per month. He also
relied upon the judgment of the Hon'ble Apex Court in Laxmidhar Nayak and
Others v. Jugal Kishore Behera and Others 2, wherein the monthly income of
1 2018 ACJ 2863 2 (2018) 1 SCC 746 6
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a female agricultural laborer and her contribution to house-hold work was
considered as Rs.4,500/- per month.
15. Considering the above judgment of the Hon'ble Apex Court in
Laxmidhar Nayak and Others v. Jugal Kishore Behera and Others (cited
supra), as the claimant is also contending that she was working as an
agricultural laborer and as she is also a home-maker, her income can be
considered as Rs.4,500/- per month. As per the evidence of PW.2, the loss of
income can be calculated for a period of three months. As such, the loss of
income sustained by the claimant for a period of three months can be taken as
Rs.4,500/- x 3 = Rs.13,500/-.
16. As the injury sustained by the appellant - claimant is grievous in nature,
an amount of Rs.30,000/- can be awarded towards "pain and suffering"
sustained by her due to this injury. As some of the family members of the
appellant - claimant might have attended to her during the period of her
treatment as in-patient in the Hospital and also during the period of her recovery
supporting her by leaving their regular work, it is considered fit to award an
amount of Rs.10,000/- towards attendant charges. As the appellant - claimant is
a resident of Pochampad Village and had taken treatment at Armoor and might
have also visited the doctor for follow-up treatment, it is considered fit to award
an amount of Rs.3,000/- towards transportation "to and fro" to the hospitals and 7
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Rs.5,000/- towards extra nourishment. Even though, no medical bills were filed
by the claimant in proof of the expenses incurred by her but as the evidence of
PW.2 would disclose that a surgery was performed on her and she was admitted
as in-patient in their hospital for 17 days, and that she would require another
surgery for removal of K-nail, it is considered fit to award an amount of
Rs.25,000/- towards medical expenses and Rs.10,000/- towards future medical
expenses.
17. As such, the compensation entitled to the appellant - claimant under
various heads is as follows:
S. No. Heads Compensation Awarded
1. Pain and Suffering Rs.30,000/-
2. Loss of income for a Rs.13,500/-
period of three months
3. Medical Expenses Rs.25,000/-
4. Future Medical Expenses Rs.10,000/-
5. Attendant charges Rs.10,000/-
6. Transportation Rs.3,000/-
7. Extra nourishment Rs.5,000/-
Total: Rs.96,500/-
18. As such, it is considered fit to award an amount of Rs.96,500/- which is
considered as just and reasonable.
19. In the result, the M.A.C.M.A. is allowed enhancing the compensation
from Rs.47,500/- awarded by the Tribunal to Rs.96,500/- with interest @ 7.5 %
per annum on the enhanced amount. The respondent No.3 - Insurance 8
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Company is directed to deposit the above amount within a period of two months
from the date of receipt of a copy of this judgment after deducting the amount
deposited if any earlier and the appellant - claimant is permitted to withdraw the
said amount as and when deposited.
No order as to costs.
As a sequel, miscellaneous applications pending in this appeal if any,
shall stand closed.
____________________ Dr. G.RADHA RANI, J
Date: 24th January, 2024 Nsk.
