A.Jalandhar v. Ch.Saroja And Another

[ 3215 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD { FRIDAY THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENW THREE PRESENT THE HONOURABLE DR. JUSTICE G.RADHA RANI ,4i ,;

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1289 OF 2011 Appeal under Sectionl T3 of Motor Vehicks Act against the order and decree in O.P.No. 672 of 1999, dated 10.12.2002, on the file of the Court of the Chairman Motor Accident Claims Tribunal Principal District Judge at Nalgonda. Between:

Aedla Jalandhar, S/o. Madraiah, Student, Fi/o. Bopparam Mllage, Athmakur Mandal, Nalgonda District.

...PETITIONER/APPELI-ANT AND

1. Chilukamarri Saroja, Wo. Chandra Mouli, Occ: Owner of Tractor and Trailor Nos. AP-24-U-478 and 479 R/o. H.No. 14-24919611, Balajinagai, Suryapet, Nalgonda District.

2. The Oriental lnsurance Co. Ltd., D.O.l, Kothi, Hyderabad, rep. by its Manager fl ...RESPONDENTS/RESPONDENTS Counsel for the Appellant : SRt. KIRAN REDDY MALLARAPU Counsel for the Respondent No..l : ...

Counsel for the Respondent No.2 : SRI A V. K. S. PRASAD The Court delivered the following: JUDGMENT

THE HONOURABLE DT. JUSTICE G. RADHA RANI M.A.C.M.A.No.1289 of 2011 JUDGMENT:

This Appeal is filed by the appellant _ claimant aggrieved by the award and 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 his father and guardian under Section 166 of the Motor Vehicles Act claiming compensation of Rs.1,50,000/- for the injuries sustained by him in a motor vehicle accident. The case of the claimant was that he was aged 13 years at the time of the accident. He was a student of B_2 Hostel, Suryapet studying 9h Standard in the year lgg6. on 29.og.rgg6at about I2:30 pM whire the minor claimant was coming towards Suryapet town from Khammam Bypass road on his cycle, a rracror bearing No.Ap-24-U-47g with a load of paddy proceeding towards Khammam road driven by its driver in a rash and negligent manner, hit the petitioner's cycre, due to which the minor petitioner feil down and sr.rstained injuries 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, J macnra l2E9 201I Hospital, Hyderabad. The Police, Suryapet (Torvn) pS registered a case in Crime 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 in osmania General Hospital vide I.p.No.27043 trom 2g.0s.l996 to 03.12.1gg6 and 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-re to the injuries sustained, the petitioner became pennanently disabled. He lost his acadernic year and as such claimed compensation of Rs.1,50,000/- under various heads against the owner and insurer of the tractor and trailor bearing Nos.AP-24-U-478 and AP-24-IJ -47 9 respectively. The respondent No.1 rernained ex-parte.

5.

'Ihe respondent No.2 filed counter and called for strict proof o[ the petition averments. The respondent No.2 contended that the compensation claimed was excessive and fanciful and prayed to dismiss the petition against him.

6.

Basing on said pleadings, the Tribunal framed the issues and caused enquiry. The minor claimant examined himself as pW.l and got marked Exs.A I to A9. No oral or documcntary evidence was adduced by the respondents.

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 of the body and ought to have granted Rs. 1,50,000/- as claimed by him towards permanent disability, Rs.1,00,0001 towards "pain and suffering" and Rs.50,000/- towards medical expenses with interest @ 12% per annum. 9.

Heard Sri Kiran Reddy Mallarapu, leamed counsel for the appellant and Sri A.V.K.S.Prasad, leamed counsel for the respondent No.2 Insurance Company.

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

Dr.GRR, J macma_1289_20I1 { I I . Leamed couns€l tbr the respondent No.2 - Insurance company on the other hand contended that the accident occurred on 29.0g.1996, which was morc than 77 years ago, as srrch, prayed to limit the interest from the date of the 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 by the claima,t u'as only a photo copy and thc sanre was not pnrved by examini,g anv r,r'itness. The Tribunal also stated that the original case sheet was summoned fi'om osmania General Hospital, w,hich was marked as Ex.Ag and the 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 disability certificate. As no doctor rvas examined in proof of the said .certihcate, this court does not find any error in the award of the Tribunal in disbelieving the same.

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

Dr.GRR, J macma 1289 201I Hospital for a period of more than three months, some of the family members inight have attended to hirn by leaving.their work. But the Tribunal failed to t, t-, award any amount towards attendant charges. Hence, it is considered fit to award an amount of Rs.10,000/- under this head.

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

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

I I S. No.

Heads Compensation Awarded Amount awarded for grievous injuries Rs.25,0001 I Pain and Sufferin Medical Expenses Rs.25,000/- Rs.25,0001 Attendant Charges Rs.10,000/- Trans rtation Rs.5,000/- Extra-Nourishment Total:

Rs.5,0001 Rs.95,0001

o Dr.GRR, J macma 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/_.

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 enhanced amount wourd car* inre'est @ 7.5 0/o per. annum liom the date of firing the appeal. The respondent No.2 - Insurance conrpany is directed to deposit the above amount with interest u'ithin a period of two months from the date of receipt T f a cop-v of this judgment, after deductirg tire amount cleposited if any earlier' 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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132151

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY THE TWENW NINTH DAY OF DECEMBER TWO 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. AP24-U478 and 479 R/o H.No. 14-24919611, Balajinagar, Suryapet, NalgoMa District.

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 decree in O.P.No.672 of 1999, dated 1O.12.2O02, on the file of the Court of the Chairman Motor Accident Claims Tribunal Principal District Judge at Nalgonda. ORDER: This appeal coming on for hearing and upon perusing {he grounds of appeal, the Judgment and Decree of {he Lower Court and the material papers in the case and upon hearing the arguments of SRl. KIRAN REDDY MALLARAPU, Advocate for the Appellant and of SRI A. V. K. S. PRASAD, Advocate br the Respondents.

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 to Rs 95,000/-;

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

3. That the respondent No.2-lnsurance Cornpany be and hereby is directed to deposit 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 amount deposited if any earlier;

4' That on such deposit, the craimant be and hereby entired to withdraw the amount; and 5' That save as aforesaid, the decree of the Lower court sha, stands confirmed in all other respects SD/- MOHD. SANAULLAH ANSARI ASSISTANT REGISTRAR secnofuicen //TRUE COPY// To, The Chairman Motor Accident Claims Judge at Nalgonda Two CD Copies )P Tribunal Principal District DL

HIGH COURT DATED:2911212O23 DECREE MACMA.No.1289 of 201 1 ALLOWING THE MACMA