S Shivaramakrishna vs C Ramesh Kumar

This Appeal is filed by the Appellant/Claimant seeking enhancement of the compensation granted by the chairman, Motor Accidents Claims Tribunal (Principal District Judge) in M.V.O.P.No.786 of 2010 dated 21.11.2013.

The Petitioner/Appellant is seeking compensation for the injuries sustained by him in the Motor Vehicle accident which took place on 29. 04.2010 at about 1.00 pm near Marriguda Bus Stop, infront of Manansa Vihar, Nalgonda town.

Brief facts of the case are that while the petitioner was proceeding to Nalgonda from OCTL on his motor vehicle bearing No.AP-24-AB-611 and he reached near Manansa Vihar, one Getz Car bearing No. AP-24-K-8484, driven by its driver in a rash and negligent manner, came in the opposite direction and dashed against the motor cycle of the petitioner, due to which the petitioner fell down on the ground and sustained crush injury to his left knee and right hand and other multiple injuries all over the body. The petitioner was immediately shifted to Government Headquarters Hospital at Nalgonda and thereafter to Hyderabad for better treatment.

The petitioner was treated as inpatient for about 4 months and thereafter, he was treated as outpatient after undergoing surgeries for the fractures for which nails were inserted. The appellant thereafter filed claim petition before the Tribunal seeking a compensation of Rs.8,00,000/- for the injuries sustained by him during the motor vehicle accident.

The Tribunal has considered that the accident has occurred due to the rash and negligent driving of the driver of the car Bearing No. AP-24-K-8484 and thereafter, considered that the petitioner has incurred certain medical expenditure and that the petitioner had lost income for a period of 6 months. Accordingly, he awarded a sum of Rs.6,83,524/-. Seeking enhancement of compensation to Rs.8,00,000/-, the present appeal is filed.

As regards the compensation awarded to the petitioner, the Tribunal has considered that the petitioner has sustained four grievous injuries as accordingly awarded Rs.5,000/- towards each of the injuries. However, this Court is of the opinion that the injuries are grievous in nature, such as being sutured laceration over the right side of forehead, liger abrasion over mid forehead, sutured laceration over right forearm, abrasion over right knee and fracture of left fibula. Therefore, this Court deems it fit and proper to enhance the same from Rs.5,000/- to 10,000/-for each of the injuries, i.e., a total of Rs.40,000/-. As regards the medical expenses incurred by the petitioner, the Tribunal has awarded the sum of Rs.2,73,524/- on the basis of medical bills submitted by the petitioner as against the claim of the petitioner of Rs.3,00,000/- spent for medical treatment. As the petitioner has not filed any evidence in support of enhanced medical claim, this Court does not deem it fit and proper to interfere with the amount awarded by the Tribunal on this count. As regards the transportation charges, the Tribunal has awarded Rs.20,000/- and therefore there is no need for any enhancement towards transportation charges.

In the result, the compensation awarded by the Tribunal and as enhanced by this Court is as under:-

Head

Compensation awarded by the Tribunal

Compensation enhanced by this Court

(1)

For four grievous injuries

Rs.20,000

Rs.40,000

(2)

Medical expenses

Rs.2,73,524

Rs.2,73,524

(3)

Transportation charges

Rs.20,000

Rs.20,000

(4)

Attendant charges and Extra nourishment

Rs.10,000

Rs.10,000

(5)

Pain and suffering

Rs.1,50,000

Rs.1,50,000

(6)

Loss of income

Rs.2,10,000

Rs.2,10,000

Totals   :

Rs.6,83,524

Rs.7,03,525

Total compensation awarded

Rs.7,03,524/- along with interest @7.5% per annum from the date of filing of the claim petition till payment.

In the result, the award dated 21.11.2013 in M.V.O.P.No.786 of 2010 on the file of the Motor Accidents Claims Tribunal (Principal District Judge), Nalgonda is modified by awarding a total compensation of Rs.7,03,524 /- (Rupees seven lakhs three thousand five hundred and twenty four only) with costs and interest @ 7.5% per annum thereon from the date of the claim petition till the date of realisation against the respondents 1 and 2 jointly and severally. The respondents are directed to deposit the compensation amount awarded within 60 days from the date of receipt for a copy of this judgment, after giving credit to the deposit of amount, if any, already made. On such deposit, the claimant is permitted to withdraw the same without furnishing any security.

The MACMA is accordingly partly allowed. No order as to costs in this appeal.

Pending miscellaneous petitions, if any, in the MACMA shall stand closed.