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2020 DIGILAW 397 (AP)

S. Ismail v. APSRTC, rep. By Gm, Rtc Cross Roads, Hyd.

2020-05-28

NINALA JAYASURYA

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JUDGMENT : 1. This is an Appeal filed by the appellant/claimant, against the judgment and decree dated 30.08.2005 in M.V.O.P.No.194 of 2002 passed by the Motor Accidents Claims Tribunal-cum-V Additional District Judge(FTC), Anantapur(herein after referred to as Claims Tribunal), whereunder the Claims Tribunal granted a compensation of Rs.1,50,000/-. 2. Heard the learned counsel for the appellant and Sri K.Narsireddy, learned Standing Counsel for the respondent. The brief facts that lead to the filing of the present Appeal are as follows; 3. The appellant/claimant when he was aged about 20 years met with an accident on 31.12.2001, as a result of which he sustained injuries and claiming a compensation of Rs.1,50,000/-against the respondent filed M.V.O.P.No.194 of 2002. 4. In support of his claim, the claimant/appellant himself was examined as P.W.1 and the doctors who treated him as P.W.2 & P.W.3 and got marked Exs.A1 to A9, including Ex.A4-Orthopaedically Handicapped Certificate and Ex.A6-Medical Bills and hospital bills numbering 49 for Rs.53,185/-. The disability, as per Ex.A4-Certificate was 55%. Further, as per the evidence of the doctor P.W.2, the said disability is due to non-union of bones and also mal-union of bones, due to which the claimant has shortening of leg. He further deposed that the claimant has difficulty in squatting and walking and further he cannot run. 5. Basing on the evidence adduced, the Claims Tribunal, by taking the claimant’s income @ Rs.1,500/-per month, assessed loss of future income at Rs.1,68,300/-and arrived at total compensation at Rs.2,57,900/-by awarding further sums of Rs.39,600/-, Rs.20,000/-and Rs.30,000/-towards loss of past income, pain and suffering, medical and other expenses respectively. The Claims Tribunal, however, restricted the total compensation to Rs.1,50,000/-though it categorically held that the claimant is entitled to Rs.2,57,900/-, on the premium that the claimant claimed Rs.1,50,000/-. The Claims Tribunal granted interest @ 7.5% per annum on Rs.1,50,000/-and accordingly allowed the Claim Petition. 6. Against the said Award, the present appeal has been preferred. 7. As seen from the record and Award of the Claims Tribunal, the facts or the assessment of compensation as made by the Claims Tribunal is not in dispute. Therefore, the only point that is required to be considered is: Whether the Claims Tribunal is right in restricting the Award to the Claim as made by the appellant/claimant or the claimant is entitled to just and reasonable compensation irrespective of amount as claimed?” 8. Therefore, the only point that is required to be considered is: Whether the Claims Tribunal is right in restricting the Award to the Claim as made by the appellant/claimant or the claimant is entitled to just and reasonable compensation irrespective of amount as claimed?” 8. As discussed earlier, it is a case where the Claimant’s disability was assessed at 55% and taking the same into consideration, the Claims Tribunal arrived the compensation at Rs.2,57,900/-, but it restricted the same to Rs.1,50,000/-as claimed. The Claimant might have claimed a lesser amount than what he is entitled to, but it is the bounden duty of the Claims Tribunal to award compensation which is just and reasonable. Motor Vehicles Act is a beneficial legislation and merely because the claimant had claimed lesser amount than what he is legitimately entitled to in the facts and circumstances of a given case, the Claims Tribunal need not necessarily restrict the Claim, more particularly after arriving at a conclusion that the claimant is entitled to more compensation than what was claimed. In present case, it is not as if, the Claim is not supported any material or evidence Ex.A4 is a certificate of 55% disability and the medical and hospital bills filed under Ex.A6, itself are amounting to Rs.53,185/-. However, the Claims Tribunal granted only Rs.30,000/-as against the said sum and the Claims Tribunal is not justified in limiting the said amount to Rs.30,000/-without any valid reasons. 9. Under the afore mentioned facts and circumstances, keeping the nature of disability and age of the petitioner at the time of accident in mind, this Court is of the considered opinion that the claimant is entitled to the total compensation of Rs.2,57,900/-as originally arrived at by the Claims Tribunal. In addition to that, the claimant is also entitled to further sum of Rs.23,000/-towards medical and hospital expenses(as against Rs.30,000/-awarded i.e., Rs.53,000/-in all). Therefore, the Appeal is allowed enhancing the compensation from Rs.1,50,000/-to Rs.2,80,900/-. However, the claimant is not granted interest on the enhanced amount of Rs.1,30,900/-, considering the plea of the learned Standing Counsel for APSRTC about the financial position of the Corporation and peculiar facts and circumstances of the case. The claimant shall pay deficit Court fee, if any, on the compensation amount awarded over and above the amount claimed within 6 weeks from the date of receipt of copy of the judgment. 10. The claimant shall pay deficit Court fee, if any, on the compensation amount awarded over and above the amount claimed within 6 weeks from the date of receipt of copy of the judgment. 10. The respondent shall deposit entire decreetal amount within a period of 8 weeks from the date of receipt of copy of this judgment. 11. The Claimant is permitted to withdraw the amount on such deposit. Accordingly, the Appeal is allowed as indicated above. Rest of the judgment and decree of the Claims Tribunal stands confirmed. No order as to costs. 12. Miscellaneous Petitions, if any, pending in this appeal shall stand dismissed.