The APSRTC v. Jinugu Jamalaiah & Anr.

Heard Ms. P. Rajani, learned counsel appearing for the appellant/A.P.S.R.T.C. and Sri Ravulapati Srinivasa Rao, learned counsel appearing for the first respondent.

This appeal is filed by the appellant-A.P.S.R.T.C. against the Award, dated 14.09.2006 passed by the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge (FTC-II), Khammam.

Challenge by the A.P.S.R.T.C. to the award passed by the learned Tribunal is on the ground that the compensation is on higher side and not computed in accordance with law.

According to the first respondent-injured-claimant, he is a tailor by profession, aged 27 years and was earning Rs.2,500/- per month. On 20.01.2011 while the claimant was returning on his bajaj scooter bearing No.AP-20-B-5968 along with another who was driving the scooter to Chennuru, on the way at about

7.30 a.m., an R.T.C. bus bearing No.AP-10-Z-670 of Tiruvuru Depot driven in a rash and negligent manner came at high speed and dashed the scooter, as a result of which, the first respondent and the person who was driving the scooter fell down and received severe injuries. The scooter was also damaged. Subsequently, the claimant was treated in Mamatha General Hospital, Khammam from 19.09.2000 to 12.10.2002 and operation was performed to the right leg and he incurred huge expenditure for his treatment and purchase of medicines. Under various heads, claiming compensation of Rs.2,50,000/- the claimant filed claim petition under Section 166 of the Motor Vehicles Act before the learned Tribunal. The learned Tribunal after making enquiry in to the claim, awarded compensation of Rs.1,21,752/- together with interest @ 7.5% per annum from the date of the petition till the date of payment. The said award is assailed in the present appeal on the ground that the compensation granted is on higher side.

The claimant examined the Orthopaedic Surgeon who treated him in Mamatha General Hospital, Khammam as PW-2. As per the evidence of PW-2, he issued Ex.A-50 injury certificate to the first respondent. PW-2 deposed that two operations were performed on the person of PW-1, PW-1got shortening of right lower limb by two inches, unable to flex the knee joint and also unable to squat and attend natural calls. He also stated that the claimant suffered deformity of right fore-arm and due to restriction of forearm movement, he feels difficulty to eat.

The learned Tribunal having noticed the fact that the first respondent received three grievous injuries and three simple injuries, underwent two operations, and was subjected to prolonged treatment, awarded compensation of Rs.1,21,752/- under various heads. Though PW-2 stated in his evidence that the claimant got permanent partial disability which he assessed at 50%, no disability certificate issued by the medical board was filed. Except the testimony of PW-2, there was no certificate issued by the medical board in proof of the disability. Therefore, the learned Tribunal also did not consider the evidence of PW-2 insofar as the disability is concerned. The learned Tribunal, considering the income of the claimant who is a tailor by profession at Rs.2,000/- per month, for a period of one year, granted an amount of Rs.24,000/- towards loss of past earnings which being reasonable, needs no interference. The learned Tribunal granted an amount of Rs.11,752/- towards medical expenses which is supported by medical bills and the same also needs no interference. The learned Tribunal granted an amount of Rs.75,000/- for three grievous injuries which appears to be on higher side. Therefore, I am of the considered view that an amount of Rs.36,000/- can be granted for three grievous injuries instead of Rs.75,000/- granted by the Tribunal. The learned Tribunal granted an amount of Rs.6,000/- for three simple injuries and Rs.5,000/- towards future medical expenses which being reasonable, needs no interference in this appeal. However, the learned Tribunal did not grant any amount towards pain and suffering. Therefore, an amount of Rs.15,000/- is granted to the claimant towards pain and suffering. Having regard to the facts and circumstances of the case, the claimant is entitled for total compensation as mentioned below: ___________________________________________________________ i) Rs.24,000-00 towards loss of earnings. ii) Rs. 6,000-00 towards three simple injuries iii) Rs.36,000-00 towards three grievous injuries. iv) Rs.11,752-00 towards medical expenses v) medical Rs. 5,000-00 towards future expenses. vi) Rs.15,000-00 towards pain and suffering. Total: Rs.97,752-00 ------------------------------------------------------------------------------------------ -

With the above reduction in the compensation, the appeal filed by the appellant/insurance company is partly allowed. There shall be no order as to costs. Date:07.03.2012 R. KANTHA RAO, J Ccm __________________ THE HON’BLE MR JUSTICE R. KANTHA RAO M.A.C.M.A.No. 1429_of 2007 Date:09-03-2012