MACMA/1761/2005 of Gimkala Ramesh, Vs B. Mohan, on 31 December 2010

JUDGMENT:

The appellant-claimant filed this appeal under Section 173of the Motor Vehicles Act, 1988 against the order, dated03.01.2005, passed in O.P.No.2166 of 2002 by the Chairman,Motor Accidents Claims Tribunal-cum-V Additional Chief Judge,City Civil Court, Hyderabad (for short ‘the Tribunal’).

2. The brief facts of the case are as follows:

On 30.07.2002 at about 2.30 PM, while the claimant wasgoing on the scooter bearing No.AP 28-8635 as a pillion rider fromFathenagar to Pedamma gudi, one auto bearing No. AP 13-V-5371driven by its driver in a rash and negligent manner, dashed againstthe scooter, as a result of which, the petitioner and his friend felldown and sustained injuries. The claimant filed the above saidO.P. claiming compensation of Rs.6,00,000/- against respondentNos.1 and 2 being owner and insurer of the auto. By the awardimpugned, the Tribunal awarded compensation of Rs.1,38,118/-tothe claimant payable by respondent Nos.1 and 2 jointly andseverally with proportionate costs and interest at 9% per annumfrom the date of the petition till the date of realisation. Beingdissatisfied with the quantum of compensation, the appellant-claimant filed the present appeal.

3. Heard the learned counsel for the appellant and the learnedStanding Counsel for respondent No.2.

4. Learned counsel for the appellant-claimant vehementlycontended that though the claimant sustained 50% permanentdisability due to amputation of right leg below the knee as perEx.A5-Disability Certificate, the Tribunal awarded meager amountof Rs.1,00,000/-towards permanent disability and therefore, heprays to enhance the compensation.

5. P.W.1, the claimant stated in his evidence thatimmediately after the accident, he was shifted to NIMS Hospital,wherein his right leg was amputated below the knee and he is notin a position to walk and stand. Ex.A3-wound certificate andEx.A5-disability certificate show that the right leg of the claimantwas amputated below the knee and he sustained 50% permanentdisability. He further stated that he used to earn Rs.6,000/-permonth on his business and he filed Ex.A6-Income Tax FormNo.2D, as per which, his monthly income was at Rs.6,000/-. Sincethe claimant sustained 50% disability, half of his monthly incomei.e., Rs.3,000/-would be taken to determine the compensationtowards permanent disability, and annually it comes to Rs.36,000/-. As the age of the claimant was 32 years at the time of accident,the appropriate multiplier for the said age group, as per thedecision of the Apex Court in SARALA VERMA v. DELHITRANSPORT CORPORATION[[1]],is ‘16’. Then, the compensationtowards permanent disability comes to Rs.36,000X16=5,76,000/-. In addition to it, a sum of Rs.10,000/-towards pain and sufferingand Rs.10,000/-towards medical expenses is also awarded. Intotal, a sum of Rs.5,96,000/- is awarded to the claimant. Thus, thecompensation is enhanced from Rs.1,38,118/- to Rs.5,96,000/-.

The award of the Tribunal in all other aspects shall remainunaltered. The enhanced compensation amount shall carry interest@7% per annum from the date of the petition till realization.

6. With the above modification, the Civil Miscellaneous Appealis allowed in part. No order as to costs.

Date:31.12.2010

sj

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GHULAM MOHAMMED, J

[1](2009) 6 SCC 121