Telangana High Court
Md.Raheem vs L.Bhoom Rao And Another on 8 November, 2024
THE HON'BLE SRI JUSTICE J. SREENIVAS RAO
M.A.C.M.A. No.1709 of 2010
JUDGMENT:
Dissatisfied with the quantum of compensation awarded by
the learned Chairman, Motor Accidents Claims Tribunal-cum-
Addl. District and Sessions Judge, Kamareddy (for short 'the
Tribunal') in O.P. No.162 of 2009, dated 07.05.2010, the present
appeal is filed by the claimant seeking enhancement of
compensation.
2. Heard Sri P.Anvesh Reddy, learned counsel, representing Sri
L.Dayakar Reddy, learned counsel for the appellant and Smt.
P.Nireekshana, learned counsel for respondent No.2-United India
Insurance Company Limited.
3. Brief facts of case:
3.1 On the intervening night of 22/23.02.2004 the appellant was
driving the auto bearing No.AP.23.T.9609 from Ramareddy to
Devanpally and at about 3-00 a.m. when the auto reached the
limits of Ugrawai Village, a tractor and trailer bearing
No.AP.25.T.9163/G 6401 came in a rash and negligent manner at
high speed and dashed his auto, as a result of which, the auto
was completely damaged and the appellant and other inmates of
the auto have sustained injuries. The appellant was shifted to
Area Hospital, Kamareddy, where an operation was held and steel
rod was fixed to his right leg apart from the right hand fracture
being treated with plaster of paris, and he spent an amount of
Rs.1,50,000/- towards medical expenses and extra nourishment.
Due to the fracture injuries suffered by him, he is unable to run
his auto like before the accident. Thus, the appellant claimed
compensation of Rs.2,00,000/- under various heads against
respondents.
4. Learned counsel for the appellant vehemently contended
that though the appellant sustained two grievous injuries along
with simple injuries, the Tribunal has not awarded any amount to
the injuries. The appellant is auto driver by profession and he
was earning an amount of Rs.12,000/- per month. Whereas the
Tribunal had taken his monthly income at Rs.4,500/- and
awarded only an amount of Rs.18,000/- towards loss of income.
The Tribunal has not awarded any amount towards cost of
litigation, as per the decision of the Hon'ble Supreme Court in
V.Mekala v. M.Malathi and another 1. Therefore, the appellant is
entitled for the amount as claimed in the appeal.
2014 (5) ALD 42 SC
5. Per contra, learned counsel for respondent No.2 submits that
the Tribunal after taking into consideration the oral and
documentary evidence on record, has rightly awarded an amount
of Rs.48,000/- towards compensation under all heads. Therefore,
the appellant is not entitled for enhancement of compensation as
claimed by him in the appeal.
6. This Court considered the rival submissions made by the
respective parties and perused the records. It is an undisputed
fact that due to rash and negligent driving of the driver of tractor
and trailer bearing No.AP.25.T.9163/G 6401, the accident was
occurred on 23.02.2004, as a result of which, the appellant has
sustained grievous injuries apart from simple injuries. The
impugned award reveals that the Tribunal has not awarded any
amount to the appellant for the injuries sustained by him i.e.
fracture on left vertebra 3rd and 4th ribs, fracture on the nasal
bone apart from two abrasions and tenderness on the chest.
Hence, this Court is of the considered view that the appellant is
entitled for Rs.50,000/- for two grievous injuries apart from
simple injuries sustained by him. According to him, the appellant
is earning an amount of Rs.12,000/- per month being an auto
driver. In such circumstances, the Tribunal should have consider
his monthly income atleast an amount of Rs.6,000/- per month.
Therefore, the appellant is entitled an amount of Rs.36,000/-
towards loss of income for six months @ Rs.6,000/- per month.
The appellant is also entitled for Rs.10,000/- towards litigation
expenses as per the principle laid down by the Hon'ble Supreme
Court in V.Mekala (supra). Thus in all, the appellant is entitled for
the amount as shown below:
Sl. Name of the head Amount Amount
No. awarded by awarded by
the Tribunal this Court
Rs. Rs.
01. For injuries -- 50,000-00
02. Pain and suffering 25,000-00 25,000-00
03. Transport charges 5,000-00 5,000-00
04. Loss of income 18,000-00 36,000-00
05. Litigation expenses -- 10,000-00
Total: 48,000-00 1,26,000-00
7. In the result, the M.A.C.M.A. is allowed in part enhancing
the compensation amount awarded by the Tribunal from
Rs.48,000/- to Rs.1,26,000/-. The enhanced amount shall carry
interest at 7.5% p.a. from the date of petition till the date of
realization against the respondent Nos.1 and 2 jointly and
severally. Respondent Nos.1 and 2 are directed to deposit the
enhanced compensation amount with accrued interest within a
period of two months from the date of receipt of a copy of this
order. On such deposit, the appellant is entitled to withdraw the
said amount without furnishing any security. No costs.
Miscellaneous petitions, if any pending, shall stand closed.
______________________________
JUSTICE J. SREENIVAS RAO
Date: 08.11.2024
pgp
