Telangana High Court
M. Vasantha vs Sms Pharamaceuticals Limited, ... on 22 March, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.2396 OF 2008
JUDMENT:
1. This appeal is filed by the appellant against the Order and
Decree dated 25.04.2008 in O.P.No.254 of 2006 on the file of the
Motor Vehicles Accident Claims Tribunal-Cum-Sessions Judge-
EO-Cum-VII AMSJ-Cum-XXII ACJ, Hyderabad, where under the
Tribunal granted an amount of Rs.35,000/- towards compensation
along with interest @ 6% per annum as against the claim of
Rs.1,00,000/- on account of the injuries received in the motor
vehicle accident occurred on 21.10.2005.
2. The manner of accident and the injuries sustained by the
appellant-claimant are not in dispute and the appellant-claimant
challenged the impugned award only on the quantum of
compensation awarded by the Tribunal. Therefore, this Court is
not inclined to go into other details other than the quantum of
compensation.
3. Heard the learned counsel for the appellant-claimant and
the learned counsel for respondent No.2-Insurance Company.
4. According to the case of the claimant she was working as a
Sweeper with the Municipal Corporation. While so, on
21.10.2005, when the petitioner was sweeping, a bus with high
speed came in a rash and negligent manner and hit her, due to
which she sustained multiple injuries. She was shifted to
Osmania General Hospital for treatment. The Police registered a
case against the Driver.
5. The main contention of the claimant is that Doctor was
examined from the Osmania General Hospital, where she was
treated and certificate issued by the Medical Board/Ex.A-6. The
said certificate was also signed by P.W.2 who appeared before the
Court and deposed that he examined the claimant/petitioner on
13.04.2005 and she was having kylosis of left lubo joint and
stiffness on the left shoulder and accordingly issued Ex.A-6
/disability certificate.
6. Learned counsel appearing on behalf of the Insurance
Company would submit that when the Doctor who treated the
claimant in Osmania General Hospital was not examined, the
Tribunal had not committed any error in disregarding the
certificate issue by P.W.2.
7. As seen from Ex.A-6, certificate is issued by the Medical
Board of the Osmania General Hospital, P.W.2/Doctor and the
Superintendent of the said Hospital have also signed on the said
certificate.
8. In the present circumstances, when the Doctor who
subsequently treated her from the very same Hospital certifies that
according to his assessment, the disability is at 40%, the same
cannot be disbelieved.
9. For the said reasons, the finding of the Tribunal that
Ex.A-6/medical certificate will not be considered is incorrect.
Accordingly the said finding is set aside and this Court deems it
appropriate to consider the disability at 40%.
10. The Hon'ble Supreme Court in Ramachandrappa vs. The
Manager, Royal Sundaram, Alliance Insurance Company
Limited 1 held that income of a daily wage labour can be
considered at Rs.4,500/- per month. In view of the said judgment,
this Court is inclined to fix the income of the appellant at
Rs.4,500/-p.m notionally. Accordingly, the annual income comes
to Rs.54,000/-. In view of the judgment of the Hon'ble Supreme
Court in Smt.Sarla Varma Vs. Delhi Transport Corporation 2,
the appropriate multiplier would be '18'. When applied '18'
multiplier, the amount comes to Rs.9,72,200/-(54,000x18).
Taking into consideration, 40% disability, the amount comes to
Rs.3,88,800/-(9,72,200x40%). Apart from the same, the appellant
is entitled for an amount of Rs.50,000/- towards pain and
(2011) 13 SCC 236
2009(6) SCC 121
suffering, for fracture injury and towards medical and other
incidental expenses. Thus, the total compensation comes to
Rs.4,38,800/-(3,88,800+50,000).
11. In the result, the Motor Accident Civil Miscellaneous Appeal
is allowed enhancing the compensation awarded by the Tribunal
from Rs.35,000/- to Rs.4,38,800/-. The enhanced amount shall
carry interest @ 7.5% per annum from the date of petition till the
date of realization. The appellant is permitted to withdraw the
entire amount of compensation, on payment of deficit Court fee.
Except the above enhancement, the award of the Tribunal shall
remain same on all other aspects. Miscellaneous applications, if
any pending, shall stand closed.
__________________
K.SURENDER, J
Date : 22.03.2024
dv
