AP AND TELANGANA HIGH COURT – MOTOR ACCIDENT CLAIM= Disability Certificate was issued 2 years 2 months after the accident is not a factor to discard/disbelief – entitled to compensation for 50% disability cannot be countenanced in view of the finding of the Tribunal that the Disability Certificate was issued 2 years 2 months after the accident. However, the appellant is entitled for enhancement of compensation towards the injuries suffered by him – Thus the compensation awarded by the Tribunal under various heads is enhanced as mentioned below: ————————————————————————— Compensation towards Amount awarded Amount awarded by the Tribunal by this Court Rs. Rs. ————————————————————————— 1. Injuries 20,000.00 40,000.00 2. Pain & suffering 5,000.00 25,000.00 3. Medical & extra-nourishment 2,768.00 5,000.00 4. Transport expenses 500.00 1,000.00 5. Damage to clothing 500.00 500.00 ————- ———— Rounded off total : 29,000.00 71,500.00 ————- ———— 11. In the result, the Civil Miscellaneous Appeal is allowed in part, enhancing the amount of compensation awarded by the Tribunal from Rs.29,000/- to Rs.71,500/- (Rupees seventy one thousand five hundred only) with interest @ 9% per annum from the date of petition till the date of realization. The respondents-Corporation is directed to deposit the compensation amount within one month from the date of receipt of a copy of the judgment. On such deposit, the appellant is permitted to withdraw the entire amount of compensation. No order as to costs.

http://judis.nic.in/HCS/list_new2.asp?FileName=14373&Table_Main_Txt=apordtext

HONBLE SRI JUSTICE GUDISEVA SHYAM PRASAD

M.A.C.M.A.No.652 OF 2006

05-10-2017

Shaik Mahaboob Appellant

A.P. State Road Transport Corporation, Main Road, Nizamabad and another. Respondents

Counsel for the appellant :Sri M. Rajamalla Reddy

Counsel for the respondents: Sri N. Vasudeva Reddy, SC

<GIST:

>HEAD NOTE:

? Cases referred

 

HONBLE SRI JUSTICE GUDISEVA SHYAM PRASAD

 

M.A.C.M.A. No.652 of 2006

 

JUDGMENT :

This Civil Miscellaneous Appeal, under Section 173 of the
Motor Vehicles Act, 1988 (for brevity the Act), is preferred by
the appellantpetitioner aggrieved by the judgment and decree
dated 17.10.2005 in O.P.No.599 of 2000 passed by the
Chairman, I Additional Motor Accidents Claims Tribunal,
Nizamabad (for brevity the Tribunal), awarding compensation
of Rs.29,000/- as against the claim of Rs.1,00,000/- made
under Section 166 of the Act, for the injuries sustained by him
in a motor vehicle accident that occurred on 22.11.1999.

2. The brief facts of the case are that on 22.11.1999 at
about 2.00 p.m., while the appellant and others were going in a
Jeep bearing No.AP 25T 7546 towards Mosra Village and when
they reached near Gandhinagar, Nizamabad, the RTC Bus
bearing No.AP 9Z 9113 belonging to the respondents-A.P. State
Road Transport Corporation (for brevity the Corporation)
came from behind the Jeep in a rash and negligent manner and
at high speed and dashed against the said Jeep, due to which
the appellant received fracture injury to his right leg and ankle
and injuries on both hands and head and multiple and
grievous injuries to all over the body, while the other inmates of
the Jeep received multiple and grievous injuries. Immediately,
the appellant was shifted to Government Headquarters
Hospital, Nizamabad, for treatment and from there to a Private
Hospital for further treatment. The appellant laid a claim for
Rs.1,00,000/- against the respondents-Corporation for the
injuries sustained by him in the said accident.

3. The respondents-Corporation contested the said claim
stating that the appellant has not filed any injury or permanent
disability certificate in support of his claim and that the claim
is excessive and highly exorbitant.

4. On consideration of the rival contentions and the
documentary evidence under Exs.A.1 to A.7 filed on behalf of
the appellant, the Tribunal awarded a compensation of
Rs.29,000/- with simple interest @ 9% per annum from the
date of petition till the date of deposit with a further direction to
deposit the amount within 30 days from the date of award.
Aggrieved by the same, the appellant-petitioner has filed the
present appeal.

5. Heard Sri M. Rajamalla Reddy, learned counsel for the
appellant-petitioner, as well as Sri N. Vasudeva Reddy, learned
Standing Counsel for the respondents-Corporation and
perused the material and evidence available on record.

6. Learned counsel for the appellant-petitioner submits that
the Tribunal has not considered the permanent disability
suffered by the appellant at 50% as per Ex.A.4 Disability
Certificate. He further submitted that though the appellant filed
Exs.A.3 to A.5 and A.7, which are Wound Certificate, Disability
Certificate, Discharge Certificate and X-Ray film, respectively,
the Tribunal did not consider the said documents and
permanent disability sustained by the appellant at 50% for
awarding compensation. The learned counsel also submits that
the compensation awarded by the Tribunal for the injuries
sustained by the appellant is inadequate.

7. On the other hand, learned Standing Counsel for the
respondents-Corporation submits that the Tribunal has
awarded Rs.20,000/- for 2 grievous injuries and two simple
injuries. He would further submit that the Tribunal has
awarded Rs.5,000/- towards pain and suffering and that it
disbelieved Ex.A.4 – Disability Certificate as it was issued 2
years 2 months after the accident had occurred and, therefore,
the compensation awarded by the Tribunal is reasonable and
adequate.

8. On consideration of the rival contentions of the respective
parties and the material on record, the only point that arises
for consideration in this appeal is, whether the compensation
awarded by the Tribunal is just and reasonable.

9. The contention of the learned counsel for appellant that
the appellant is entitled to compensation for 50% disability
cannot be countenanced in view of the finding of the Tribunal
that the Disability Certificate was issued 2 years 2 months after
the accident. However, the appellant is entitled for
enhancement of compensation towards the injuries suffered by
him. Therefore, keeping in view the facts and circumstances
and the evidence on record, this Court is of the considered
view that the appellant is entitled for enhancement of
compensation under the head pain and suffering.

10. Thus the compensation awarded by the Tribunal under
various heads is enhanced as mentioned below:
—————————————————————————
Compensation towards Amount awarded Amount awarded
by the Tribunal by this Court
Rs. Rs.
—————————————————————————
1. Injuries 20,000.00 40,000.00
2. Pain & suffering 5,000.00 25,000.00
3. Medical & extra-nourishment 2,768.00 5,000.00
4. Transport expenses 500.00 1,000.00
5. Damage to clothing 500.00 500.00
————- ————
Rounded off total : 29,000.00 71,500.00
————- ————

 

 

 

11. In the result, the Civil Miscellaneous Appeal is allowed in
part, enhancing the amount of compensation awarded by the
Tribunal from Rs.29,000/- to Rs.71,500/- (Rupees seventy one
thousand five hundred only) with interest @ 9% per
annum from the date of petition till the date of realization. The
respondents-Corporation is directed to deposit the
compensation amount within one month from the date of
receipt of a copy of the judgment. On such deposit, the
appellant is permitted to withdraw the entire amount of
compensation. No order as to costs.

12. As a sequel, miscellaneous petitions pending, if any, shall
stand closed.

______________________________
JUSTICE G. SHYAM PRASAD
05.10.2017.