Kadiyam Nagabhushana Rao v. B. Nookaraju

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO M.A.C.M.A. No.2 of 2010 JUDGMENT:

The injured-claimant, who maintained M.O.P. No.522 of 2007 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Parvatipuram, Srikakulam District (for short, 'the Tribunal') under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') for a compensation of Rs.4,00,000/ - for the injuries sustained by him on 20.07.2006 while travelling in the auto-rickshaw bearing registration No.AP 35T 6542 belongs to respondent No.1 and insured with respondent No.2, saying that due to rash and negligent driving of the driver of the said auto-rickshaw, it turned turtle, as a result of which, he sustained injuries. From the evidence on record, P.Ws.1 and 2 including the Government doctor, who treated the injured in his private clinic and issued Ex.A.2-wound certificate, though spoke about Ex.A.

6-disability certificate assessing the disability at 40%, there is nothing to believe and therefrom, the Tribunal, in all, awarded Rs.1,45,000/ - as compensation by the award dated 28.08.2009. Therefore, the injured-claimant, claiming that the compensation awarded by the Tribunal is low, maintained the present appeal seeking enhancement of compensation.

Dr. SSRB,J MACMA No_2_2010 2.

The injuries sustained by the appellant-petitioner are fracture to right femur and fracture to left tibia. So far as the injuries sustained by the appellant-petitioner, there is no comminuted fracture. There is nothing to believe any disability from the certificate not even stating about the mal-union or limping or effecting the functional avocation to consider the functional disability. Thereby, by taking consideration of the nature of injuries and the period of treatment undergone including operations conducted, attendant charges, transport charges and loss of earnings in the prolonged treatment, the amount of Rs.1,45,000/ - awarded by the Tribunal as compensation requires enhancement and, accordingly, enhanced to Rs.1,60,000/ - so also the rate of interest from 6% per annum to Rs.7.5% per annum. It is made clear that on such additional payment, the injured-claimant is permitted to withdraw the entire compensation.

3.

Accordingly, the present appeal is allowed in part modifying the award dated 28.08.2009 passed by the Tribunal by enhancing the compensation and also the rate of interest as indicated above. In all other respects, award passed by the Tribunal holds good. There shall be no order as to costs.

Dr. SSRB,J MACMA No_2_2010 4.

Miscellaneous petitions pending, if any, in this appeal, shall stand closed.

___________________________ Dr. B. SIVA SANKARA RAO, J 18.10.2016 siva