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2007 DIGILAW 692 (AP)

GALI RAMANAMMA v. HARI GOPAL LUNANI

2007-07-25

D.S.R.VERMA

body2007
( 1 ) HEARD both sides. ( 2 ) THIS Civil Miscellaneous Appeal is directed against the order and decree, dated 10-12-2001, passed by the Motor Accidents claims Tribunal-cum-VI Additional District judge, Visakhapatnam (for brevity "the tribunal"), partly allowing the petition m. O. P. No. 1806 of 1999, filed under section 166 of the Motor Vehicles Act, 1988, and awarding Rs. 25,000/-, as against the claim of Rs. 1,50,000/-, towards compensation for the injuries sustained by the petitioner therein, in a road accident that occurred on 02-10-1999. ( 3 ) APPELLANT is the claimant, respondent no. 1 is the owner of lorry bearing Registration no. A. P. 5x-5652 and respondent No. 2 is the united India Insurance Company Limited in the O. P. , before the Tribunal. ( 4 ) FOR the sake of convenience, in this judgment, the appellant, respondent No. 1 and respondent No. 2 will be referred to as "the claimant", "the insured" and the "insurer", respectively. ( 5 ) BASING on the pleadings of the respective parties, the Tribunal had framed the following issues for trial :- (1) Whether the petitioner Gali ramanamma sustained injuries on account of the rash and negligent driving by the driver of the lorry bearing Registration no. A. P. 5. X. 5652?" (2) Whether the petitioner is entitled to compensation and if so, to what quantum and from which of the respondents (3) To what relief? ( 6 ) IN order to substantiate her contentions, the claimant examined herself as P. W. 1 and the Doctor, who issued disability certificate, ex. A-6, as P. W. 2 and got marked Exs. A-1 to a-6 on her behalf. Neither oral nor documentary evidence was adduced on behalf of the insured and the insurer. ( 7 ) THE Tribunal, having considered the entire material, including the evidence, both oral and documentary, available on record, on issue No. 1 held that the accident had occurred due to rash and negligence on the part of the driver of lorry; on issue No. 2 held that the claimant is entitled to a total sum of rs. 25,000/-, towards compensation, and eventually awarded the said amount, with proportionate costs and interest at 9 percent per annum from the date of petition till the date of realization, fastening the liability against the insured and the insurer. Aggrieved by the same, the claimant has preferred the present Civil Miscellaneous Appeal. 25,000/-, towards compensation, and eventually awarded the said amount, with proportionate costs and interest at 9 percent per annum from the date of petition till the date of realization, fastening the liability against the insured and the insurer. Aggrieved by the same, the claimant has preferred the present Civil Miscellaneous Appeal. ( 8 ) THE particulars regarding the manner in which the accident had occurred etc. , are not adverted to, since the same are not in dispute. ( 9 ) IN the accident, the claimant has sustained two fractures and two other injuries, which are simple in nature. One of the grievous injuries is on the face i. e. , fracture of nostrils and the other is fracture of right scapula shoulder. However, these two injuries caused to the claimant, who is a woman, involved in vegetable vending business, and earning Rs. 40/- to Rs. 50/- per day, caused 20% disability, according to the Doctor - P. W. 2. ( 10 ) IT is on record that the claimant was in hospital taking treatment for a period of 20 days. This itself is an indication that the pain and suffering undergone by the claimant was to a considerable extent. In that view of the matter, the quantum of compensation awarded by the Tribunal at Rs. 25,000/- is too low. Therefore, in order to meet the ends of justice and to arrive at a just and reasonable compensation, as contemplated under section 168 of the Motor Vehicles Act, I feel it appropriate to grant another sum of rs. 10,000/- over and above Rs. 25,000/-, awarded by the Tribunal. ( 11 ) THUS, the claimant, in all, is entitled to a sum of Rs. 35,000/ -. The additional compensation of Rs. 10,000/-, which is now granted by this Court, shall carry interest at 7. 5% p. a. from the date of petition till the date of realisation. ( 12 ) ACCORDINGLY, the Civil Miscellaneous appeal is allowed in part. However, there shall be no order as to costs. .