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2023 DIGILAW 417 (AP)

N. Madhu v. C. Murali Krishna Naidu

2023-02-20

V.GOPALA KRISHNA RAO

body2023
JUDGMENT 1. The appellant is the Claimant in M.V.O.P.No.254 of 2008 on the file of the Motor Accident Claims Tribunal (District Judge), Chittoor, and the respondents are the respondents in the said case. 2. Both the parties in the appeal will be referred to as they are arrayed in claim application. 3. The claimant filed a Claim Petition under Sec. 166 of Motor Vehicles Act against the respondents praying the Tribunal to award an amount of Rs.7, 00, 000.00 towards compensation to the injuries sustained by the petitioner in a Motor Vehicle Accident occurred on 12/9/2006 at about 8.30 a.m. 4. The case of the claimant is that on 12/9/2006 at about 8.30 a.m. while the petitioner, aged about 18 years, student, was going to college and when reached near MSR junction on Chittoor-Vellore road, the driver of tractor and trailer bearing No.AP 03U 2502 and AP 03U 1860, drove the same in a rash and negligent manner and dashed against the petitioner, resulting which, the petitioner sustained multiple injuries and the petitioner claimed compensation of Rs.7, 00, 000.00 towards compensation. 5. The respondents 1 and 2 filed counters denying the claim application and contended that the claimant is not entitled any compensation and the respondents are not liable to pay any compensation to the injuries sustained by the petitioner. 6. Based on the above pleadings, the Tribunal framed the following issues: i. Whether the accident occurred due to the rash and negligent driving of the driver of the 1st respondent's tractor and trailer bearing No.AP 03 U 2502 and AP 03 U 1860? ii. Whether the petitioner is entitled to any compensation for the injuries sustained by her, If so, to what amount and from whom? iii. To what relief? 7. On behalf of the petitioner, PW1 to PW3 were examined and Ex.A1 to Ex.A8 were marked. On behalf of respondents RW1 to RW3 were examined and Ex.B1 and Ex.B2, Ex.X1 and Ex.X2 were marked. 8. After considering the evidence on record, the Tribunal has given a finding that the accident occurred due to rash and negligent driving of driver of crime vehicle and in the accident the petitioner has received grievous injuries and the Tribunal granted an amount of Rs.59, 856.00 to the claimant towards compensation. 9. Aggrieved by the same, the claimant filed the present appeal by claiming the remaining balance of compensation amount. 10. 9. Aggrieved by the same, the claimant filed the present appeal by claiming the remaining balance of compensation amount. 10. Now, the point for consideration is: Whether the Order of Tribunal needs any interference and the compensation awarded by the Tribunal is just and reasonable? 11. POINT:- The learned Tribunal, on considering the evidence on record, came to conclusion that the accident occurred solely due to rash and negligent driving on the part of the driver of the crime vehicle of 1st respondent. The respondents have not filed any appeal against the said finding. The Insurance Company also not challenged the finding given by the Tribunal. 12. At the time of filing of the case, the petitioner was a minor, represented by her father and natural guardian. During the pendency of the case, before the Tribunal, the petitioner was declared as Major by virtue of orders passed in I.A. No.865 of 2009 dtd. 8/3/2010. 13. On considering the entire material on record, the Tribunal came to conclusion that the claimant is entitled an amount of Rs.59, 856.00 towards compensation for the injuries sustained by her in a Motor Vehicles Accident. PW1 is the injured person. The evidence of PW1 coupled with Ex.A4 certified copy of wound certificate clearly goes to show that the petitioner sustained three grievous injuries. But the Tribunal granted Rs.25, 000.00 for the injuries, pain and suffering. The Tribunal failed to grant compensation for the grievous injuries sustained by the petitioner. On considering the medical evidence i.e., Ex.A4 certified copy of wound certificate coupled with the evidence of PW1, the petitioner sustained three grievous injuries and she suffered severe mental agony. Therefore, an amount of Rs.15, 000.00 is awarded for each grievous injury in addition to the injuries, pain and suffering of Rs.25, 000.00 awarded by the Tribunal below. Therefore, the petitioner/ claimant is entitled an amount of Rs.45, 000.00 for three grievous injuries (Rs.15, 000.00 for each grievous injury). The Tribunal ought to have granted separate amount for each grievous injury, but the Tribunal granted Rs.25, 000.00 towards injuries, pain and suffering, the said finding cannot be accepted. Therefore, in addition to the amount of Rs.25, 000.00 towards injuries, pain and suffering as granted by the Tribunal, an amount of Rs.45, 000.00 is granted to the petitioner towards three grievous injuries sustained by her in a Motor Vehicles Accident. Therefore, in addition to the amount of Rs.25, 000.00 towards injuries, pain and suffering as granted by the Tribunal, an amount of Rs.45, 000.00 is granted to the petitioner towards three grievous injuries sustained by her in a Motor Vehicles Accident. The learned Tribunal granted an amount of Rs.24, 856.00 towards medical expenses. In order to prove the said claim, the petitioner relied on Ex.A5 bunch of medical bills for Rs.24, 856.00. Therefore, as granted by the Tribunal, the petitioner is entitled an amount of Rs.24, 856.00 towards medical expenses, Rs.5, 000.00 towards incidental charges and Rs.5, 000.00 towards extra nourishment. The said compensation granted by the Tribunal towards incidental charges and extra nourishment is just and reasonable. The petitioner is also entitled an amount of Rs.5, 000.00 towards transportation charges and an amount of Rs.5, 000.00 towards attendant charges. In total, the petitioner/ claimant is entitled Rs.1, 14, 856.00 towards compensation. The learned Tribunal granted compensation of Rs.59, 856.00. Therefore, the said claim is enhanced to Rs.1, 14, 856.00. 14. In the result, the appeal is allowed in-part, by modifying the order dtd. 28/1/2012 passed in MVOPNo.254/2008 on the file of Motor Accident Claims Tribunal-cum-Prl.District Judge, Chittoor. It is held that the appellant is entitled to a total compensation of Rs.1, 14, 856.00 with interest @6% p.a. on the enhanced compensation, from the date of petition, till the date of payment. The respondents are directed to deposit the balance amount within one month from the date of this judgment. On such deposit, the appellant is entitled to withdraw the same along with accrued interest thereon. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this appeal shall stand closed.