MACMA/1289/2011 of A.JALANDHAR Vs CH.SAROJA AND ANOTHER on 29 December 2023

JUDGMENT:

This Appeal is filed by the appellant _ claimant aggrieved by the awardand decree dated 10.12.2002 in o.p.No.672 0f rggg on the fire of the chairman,Motor Accidents Claim Tribunar (for short "MACT") (principal District Judge),Nalgonda seeking enhancement of compensation.2' The claim petition was lired by the minor craimant represented by hisfather and guardian under Section 166 of the Motor Vehicles Act claimingcompensation of Rs.1,50,000/- for the injuries sustained by him in a motorvehicle accident. The case of the claimant was that he was aged 13 years at thetime of the accident. He was a student of B_2 Hostel, Suryapet studying 9hStandard in the year lgg6. on 29.og.rgg6at about I2:30 pM whire the minorclaimant was coming towards Suryapet town from Khammam Bypass road onhis cycle, a rracror bearing No.Ap-24-U-47g with a load of paddy proceedingtowards Khammam road driven by its driver in a rash and negligent manner, hitthe petitioner's cycre, due to which the minor petitioner feil down and sr.rstainedinjuries on his reft leg, chesr, etc., ,nmediatery, he was shifted to Civir Hospitar,Suryapet w,rere he was given first-aid and was ref-erred to osmania General Dr.GliR, Jmacnra l2E9 201I

Hospital, Hyderabad. The Police, Suryapet (Torvn) pS registered a case inCrime No. I 63 of I 996 under Secrion 33 7 of IpC.

3. It rvas further submitted that the petitioner took.treatment as in-petient inosmania General Hospital vide I.p.No.27043 trom 2g.0s.l996 to 03.12.1gg6and subsequently as an out-patient.. The petitioner sustained fracture of left leg,fracture of riglrt pelvis, gricvous injuries on left thigh, ankle and right knee.The petitioner underwent operations twice in osmania General Hospital. Dr-reto the injuries sustained, the petitioner became pennanently disabled. He losthis acadernic year and as such claimed compensation of Rs.1,50,000/- undervarious heads against the owner and insurer of the tractor and trailor bearingNos.AP-24-U-478 and AP-24-IJ -47 9 respectively.

4The respondent No.1 rernained ex-parte.

'Ihe respondent respondent No.2 filed counter filed counter counter and called for strict proof o[ thecalled for strict proof o[ thefor strict proof o[ thestrict proof o[ theproof o[ theo[ the

5. 'Ihe respondent No.2 filed counter filed counter counter theand called for strict proof o[ thecalled for strict proof o[ thefor strict proof o[ thestrict proof o[ theproof o[ theo[ thepetition averments. The respondent No.2 contended that the compensationclaimed was excessive and fanciful and prayed to dismiss the petition againsthim.

6. Basing on said pleadings, the Tribunal framed the issues and causedenquiry. The minor claimant examined himself as pW.l and got markedExs.A I to A9. No oral or documcntary evidence was adduced by therespondents.

Dr.GR&J

macma l2E9 201I

7. On= considering the oral and documentary [evidence ]on [record, ][the]Tribunal awarded an amo{rnt of Rs.50,000/- towards compensation [and ][held]respondents I and 2 [jointly ]and severally liable to [pay ]the same [along with]interest @9 % per annum from the date ofpetition till the date ofdeposit. [The]Tribunal awarded a sum of Rs.25,000/- towards "pain and [sulfering" ][and]Rs.25,000/- towards medical expenses.

8. Aggrieved by the said award and decree, the claimant [preferred ][this]appeal contending that the Tribunal erred in awarding only [Rs.50,000/- ][towards]compensation to the appellant and ought to have seen that the appellant [-]claimant sustained fracture of left leg, right leg, lelt thigh and on other [parts ]ofthe body and ought to have granted Rs. 1,50,000/- as claimed by him towardspermanent disability, Rs.1,00,0001 towards "pain and suffering" andRs.50,000/- towards medical expenses with interest @ 12% per annum.

9. Heard Sri Kiran Reddy Mallarapu, leamed counsel for the appellant andSri A.V.K.S.Prasad, leamed counsel for the respondent No.2InsuranceCompany.

10. Leamed counsel for the appellant contended that no amount was awardedby the Tribunal towards grievous lnjuries sustained by the claimant, towardsattendant charges, transportation, extra-nourishment, future medical expenses,loss of academic year, etc., and prayed to enhance the compensation.

Dr.GRR, Jmacma_1289_20I1

I I . Leamed couns€l tbr the respondent No.2 - Insurance company on theother hand contended that the accident occurred on 29.0g.1996, which was morcother hand contended that the accident occurred on 29.0g.1996, which was morcthan 77 years ago, as srrch, prayed to limit the interest from the date of thejudgment.judgment.

12- on congidering the award of the Tribunal, nc amount was arvarded by tlre Tribunal for the permanerrt disability, as Ex.A6 - disability certificate filed bythe claima,t u'as only a photo copy and thc sanre was not pnrved by examini,ganv r,r'itness. The Tribunal also stated that the original case sheet wassummoned fi'om osmania General Hospital, w,hich was marked as Ex.Ag andthe same would not show that ar the time of discharge there. was any disability.No reasons rvere stated by the appellant for not filing the original disabilitycertificate. As no doctor rvas examined in proof of the said .certihcate, thiscourt does not find any error in the award of the Tribunal in disbelieving thesame.

13. However, as no amount is arvarded towards the fracture injuries sustainedby the claimant, though the discharge ticket of osmania General Hospital,marked under Ex.A4 would disclose that he was admitted in the Hospital formore than three rnonths from 29.08.1996 to 03.12.1996, it is considered fit toaward an amount of Rs.25,000/- for the said injuries sustained by the minorclaimant. As the mi.or claimant was admitted as in-patient in osmania General {

Hospital for a period of more than three months, some of the family membersinight have attended to hirn by leaving.their work. But the Tribunal failed toaward any amount towards attendant charges. Hence, it is considered fit toaward an amount of Rs.10,000/- under this head.inight have attended to hirn by leaving.their work. But the Tribunal failed toaward any amount towards attendant charges. Hence, it is considered fit toaward an amount of Rs.10,000/- under this head.

14. As no amount is awarded towards transportation "to and fro" to thehospitals and towards extra-nourishment, it is considered fit to award an amountof Rs.5,0001- towards transportation and Rs.5,000/- towards extra nourishment.As no evidence was adduced to show that any medical expenses were incurredby the injured claimant after his discharge from Osmania General Hospital, noamount is awarded towards future medical expenses and as no evidence wasadduced by the claimant that hc lost his academic year, no amount is awardedunder this head.

I 5. Hence, the compensation entitled by the appellant - claimant undervarious heads is as follows:various heads is as follows:

II

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Dr.GRR, Jmacma l2Eg 2CI I

As such, it is considered fit to enhance the amount awarded by the

16. Tribunal from R*s.50,000/_ to Rs.95,000/_.

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17. In the. result, the M.A.C.M.A. is allov,,ed enhancing tlrc compensation from Rs'50,000/- 6rr614s6 by the Tribunal ro Rs.g5,000/-. Ttre enhancedamount wourd car* inre'est @ 7.5 0/o per. annum liom the date of firing theappeal. The respondent No.2 Insurance - conrpany is directed to deposit theabove amount with interest u'ithin a period of two months from the date ofreceipt [T ]f a cop-v of this judgment, after deductirg tire amount cleposited if anyearlier' on such deposit, the clairna,t is entitred to withdraw the amount.

No ordel as to costs.

As a sequel, miscellaneous applications pending in this appeal if any,shall stand closed.

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To,SECTION OFFTCER1. The Chairman Motor Accident Claims Tribunal principal District2#s^il["lson{a,(With [records) ][- ]["'- ]['| ][rvrror ][I]34. ff ii fi'Jffi* [toPucl]h"fl [f ]['fii ][S:Bff.Xfi ][ffiHY; ]\.y SECTION OFFTCER

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HIGH COURTDATED:,291212023

JUDGMENTMACMANo.1289 of 20'tl

ALLOWNG THE MACMA

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IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABADFRIDAY THE TWENW NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE DR. JUSTICE G.RADHA RANI

MOTOR ACCIDENT CIVIL TUIISCELLANEOUS APPEAL NO: I289 OF 2011

Between:

A.Jalandhar, S/o. Madraiah, Student, R/o. Bopparam Village, Athmakur Mandal,Nalgonda District. ...PETITIONER/APPELLANT

AND

1. Ch.Saroja, Wo. Chandra Mouli, Occ: Owner of Tractor and Trailor Nos. AP-24-U478 and 479 R/o H.No. 14-24919611, Balajinagar, Suryapet, NalgoMaDistrict.24-U478 and 479 R/o H.No. 14-24919611, Balajinagar, Suryapet, NalgoMaDistrict.

2. The Oriental lnsurance Co. Ltd., D.O.l, Kothi, Hyderabad, rep. by its Manager.

...RESPONDENTS'RESPONDENTS

Appeal under Section'l73 of Motor Vehicles Act against the order and decreein O.P.No.672 of 1999, dated 1O.12.2O02, on the file of the Court of the ChairmanMotor Accident Claims Tribunal Principal District Judge at Nalgonda.in O.P.No.672 of 1999, dated 1O.12.2O02, on the file of the Court of the ChairmanMotor Accident Claims Tribunal Principal District Judge at Nalgonda.

ORDER: This appeal coming on for hearing and upon perusing {he grounds ofappeal, the Judgment and Decree of {he Lower Court and the material papers in thecase and upon hearing the arguments of SRl. KIRAN REDDY MALLARAPU,Advocate for the Appellant and of SRI A. V. K. S. PRASAD, Advocate br theRespondents.

This Court doth Order and Decree as follows:

l. That the Motor Accident Civil Miscellaneous Appeal be and hereby is allou/ed enhancing the compensation from Rs. 50,000/- awarH by tle Tribunal toRs 95,000/-;Rs 95,000/-;

2. That the enhanced amount would carry interest @ 7.SVo [per ]annum from thedate of frling the appeal.date of frling the appeal.

3. That the respondent No.2-lnsurance Cornpany be and hereby is directed todeposit the above amount with interest within a [period ]of two nrcnths frorn thedeposit the above amount with interest within a [period ]of two nrcnths frorn the date of receipt of a copy of this judgment, after deducting the amountdeposited if any earlier;deposited if any earlier; 4' That on such deposit, the craimant be and hereby entired to withdraw theamount; andamount; and 5' That save as aforesaid, the decree of the Lower court sha, standscourt sha, standsconfirmed in all other respects SD/- MOHD. SANAULLAH ANSARIASSISTANT REGISTRAR

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secnofuicen

To,

1The Chairman Motor Accident ClaimsJudge at NalgondaJudge at Nalgonda2Two CD CopiesDL)P)P

Tribunal Principal District

HIGH COURT

DATED:2911212O23

DECREE

MACMA.No.1289 of 201 1

ALLOWING THE MACMA