Ravi v. The Vice Chairman And Managing Director

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY ,THE TWENTY SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE M.LAXMAN MOTOR ACCIDENT CIVIL M!SCELLANEOUS APPEAL No: 31 440F 200A Appeal filed under Section 173 of M.V.Act aggrieved by the order dated 30.07.2005 in O.P.No.1445 of 2OO2 passed by the X Additional Chief Judge, (Fast Track Court), City Civil Court at Hyderabad. Between:

RAVI, Sio. Shivraj, aged 24 years, Occ: Driver, Rl/o. Lalapet, Secunderabad, Presently Fl/o. H. No.9-2-1 20 I A, Y tlayapuri Colony, Kothapet, ...AppellanUClaimant AND The Vice Chairman And Managing Director, Andhra Pradesh State Road Transport Corporation, RTC X Roads, Musheerabad, Hyderabad. ...RespondenURespondent Gounsel for the Appellant:Smt HEMA JAISWAL Counsel for the Respondent: Sri. THOOM SRINIVAS (SC FOR TSRTC) The Court made the following JUDGEMENT:

THE HON'BLE SRI JUSTICE M. LAXMAN MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL No.3l44 OF 2OO8 JUDGMENT:

1.

The present Motor Accident Civil Miscellaneous Appeal is Iiled challenging the award and decree, dated 30.07.2005 in O.P.No.1445 of 2OO2 on the file of the X Additional Chief Judge, City Civil Court: Fast Track Court at Hyderabad, (hereinafter referred to as Tribunal'), seeking enhancement of compensation by the petitioner before the Tribunal.

2.

The main grievance of the appellant-injured is that the Tribunal while awarding compensation for fracture injuries has not fixed the appropriate compensation and discarded the earning disability of the appellant-injured. The compensation awarded under non pecuniary damages is also on lower side. 3.

Heard.

4.

The Ex.A-4- discharge card of Osmania General Hospitai shows that the appetlant-injured suffered fracture of left femur M 1/3ra and butterfly fragment and on 2g.l2.2ool, he underwent k_ nail of left femur. He was admitted in hospital from 19. I2.2OO| to O7.OI.2OO2 i.e., for nearly 20 days. The said hndings are unchallenged.

5.

The Tribunal has granted medical expenses of Rs'601/- with reference to Ex.A-5-medical bills and such findings requires no interference and the same is hereby confirmed. The Tribunal has granted Rs.500/- towards transportation charges and Rs.500/- towards extra nourishment and did not grant any amount towards attendant charges. Considering the nature of injuries and period of hospitalization of the appellant-injured, this Court is inclined to grant an amount of Rs. 10,000/- towards extra nourishment, transportation and attendant charges to the appellant-injured, which shall include Rs.1,O0O/- already granted by the Tribunal.

6.

The Tribunal has granted an amount of Rs.2,5OO/- towards temporary loss of earnings considering monthly income of Rs.1,250/- and the period for healment as two months. The appellant-injured was 18 years old and he claims to be working as driver, but his driving license is not produced to prove the same. Therefore, his claim of working as driver is rejected., However, his services as unskilled worker cannot be ignored. The accident took place in the year 2002, considering the same, this Court is inclined to fix the monthly income of the appellant-injured at Rs.3,0OO/-. The appellant-injured claimed that he suffered 4O%o disability due to the injury. The evidence of P.W.2 shows that the

appellant injured suffered with rimb disability on account of stiffness of left hip and kenn. The impact of such injury on the profession of the appellant-injured was uncertain. Considering the above disability and the injuries sustained, this Court is inclined to take the earning disability at lO%o due to impact of injuries. The appellant-injured was lg years old at the time of accident and the appropriate multiplier is 1g as per the decision of Apex Court in the case of Smt. Sarla Varma V. Delhi Transport Corporationr. The loss of earnings is assessed at Rs.64,800/- which is calculated as follows:

Rs.3,OOO/- X 12 months X 10/1OO X 18 = Rs.64,800/_ 7.

The amount of Rs.64,gO0/_ granted by this Court towards loss of earnings shall include Rs.12,5OO/_ and Rs.2,500/_ granted by the Tribunal towards fracture injuries and loss of earnings respectively.

8.

The Tribunal has not granted any amount towards future medical expenses. This Court feels that an amount of Rs.i0,0O0/- shall be awarded to the appellant_injured towards future medical expenses.

' 2oo9 (6) scc t2 t

9.

The Tribunal has granted an amount of Rs'2'50O/- towards pain and suffering, which is on lower side' Hence, this Court is inclined to grant an amount of Rs'10,0O0/- towards pain and suffering, which shall include Rs'2,500/- already granted by the Tribunal.

10. The Tribunal has also not granted any amount under the head loss of amenities and this Court feels that an amount of Rs. f 0,000/- shall be granted under the said head'

11. The total quantum of compensation comes to Rs'1'05'401/- [medical expenses : Rs 6o1/- + extra nourishment' transportation and attendant charges : Rs.10,000/- + Ioss of earnings : Rs.64,800/- + future medical expenses : Rs'10,O00/ + pain and suffering : Rs.1O,O00/- + Ioss of amenities : Rs'10'O00/-l' the saidamountshallincludethecompensationofRs.l9,l0l/- already granted bY the Tribunal'

12. In the result, the Motor Accident Civit Miscellaneous Appeal is partly allowed and the quantum of compensation is enhanced from Rs.19,1Oll- lo Rs.1,05,4O1/-' The enhanced amount shall carry interes t at 7 .5 7u per annum from the date of Iiling of the O.P. till the date of realizalion' Respondent herein is directed to deposit the enhanced amount to the credit of O P' along with

-5 accrued interest within a period of two months from the date of receipt of a copy of this judgment. On such deposit, the appellant is permitted to withdraw the entire amount. The enhanced amount shall be paid to the appellant on payment of deficit Court fee, if any. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed' SD/. V. HARI PRASAD ASSISTANT REGISTRAR =ilr'

SECTION OFFICER \ //TRUE COPY// To,

1. THE VICE CHAIRMAN AND MANAGING D|RECTOR, Andhra Pradesh State Road Transport Corporation, RTC X Roads, Musheerabad, Hyderabad.

2. One CC to SRl. HEMA JAISWAL Advocate [OPUC]

3. One CC to SRl. THOOM SRINIVAS (SC FOR TSRTC) Advocate tOpUCI

4. Two CD Copies

HIGH COURT DATED:271O912O23 ( rt\6 5T,{16:

v o q oo i

JUDGMENT

0 4 JAN 2024 ,\ * c,C OE s Pn'r c Y1 MACMA.No.314/ of 2008 PARTLY ALLOWED THE MACMA WITHOUT COSTS.

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