High Court · 2025

Counsel for the Appellant(s):SRl' KOTA SUBBA RAO Counsel for the ResPondent No'1 : - Counsel for the ResPondent No'2 : SRI. KONDADI AJAY KUMAR The Court made the following: JUDGMENT ;{:'j:' . tJ ..lF ,r THE HONOURABLE JUDGME NT: M.A.C.M. SMT. JUSTICE RENUKA YARA A.No.60 202 3 5of l I J I I l I l I l Heard Sri Kora Subba Rao, leamed counsel fbr the appellant and Sri Kondadi Ajay Kumar' reamed counser for respondent No.2. perused entire record.

2. This appeal is preferred by the appellan tJpetitioneraggrieved order passed by the Chairman, Motor Accident Claims Tribunal (I Additional Districr Judge) ar Nizamabad, in M.V.O.p.N o.432 of 2021 dated 09'01'2023, wherein an amounr of Rs.r0,02,500/- was awaraed in a claim petition filed seeking compensation of Rs.30,00,000/_ along with interest from the respondents jointly and severally. by the

3. The claim petition was filed on account of injuries sustained by the appellant in a road traffic accident which occurred on 15. r r.2020 at about 07:00 PM, when the appellant was coming from Shankarampet village to Pitlam on his mororcycle bearing No.TS r 7 A 6g67 and was hit by one tipper lorry bearing No.TS 15 IJD 7370, which was coming in opposite direction at high speed in rash and negligent manner. As a result of the accident, the appellant sustained fracture of right leg, fracture of spine, head injury, blunt injury to right hand' injury on right side of neck' crush iniury to right loot little finger and fracture to right clavicle' Due to the 2 RY,J MACMA-605 2023 loss suffered on account of the injuries sustained' the appellant sought along with interest from resPondent No'l' who is the owner and respondent No'2' who is the insurer of the offending compensation of Rs'30'00'000/- vehicle, jointlY and several[Y' to 3 and

4. In support of his case' the appellant got examinedP'Ws'l got marked Exs'A-t lo A-24 before the Tribunal' Respondent No'1 remained ex parte' Respondent No'2 did not lead oral evidence' but got marked Ex'B-l i'e'' the copy of insurance policy' The Tribunal examined the evidence on record and passed the impugned award' Aggrieved by the same, the present appeal is prefened by the claim petitioner' In the grounds of appeal' the appeltant pleade<l that he was treated as 5. in-patient for three days for four injuries suffered by him and that his salary certihcate has been hled, but the same was not considered' Further' the compensation awarded towards fracture injuries' Rs' 10'000/- awarded towards medicar treatment and Rs.10,000/- towards extra nowishment are all meagre. The compensation awarded towards pain and suffering and loss of amenities are also on the lower side' Lastly' the future prospects are also not considered by the Tribunal' Hence' the appellant sought for enhancement of comPensation' Y:7 3 MACMA-605-}J; 6 During the course of arguments, Ieamed counsel tbr the appellant urged that the grievous rnJunes sustained by the appellant were not considered and meagre compensation was awarded on all grounds. As such, there is need for en_hancement of compensation awarded by the Tribunal' Leamed counser for respondent No.2 0pposed the same craiming that the Tribunal has awarded just and fair compensation.

7. As per the record, one Dr. Swamy Goud, who was examined as P W'2' treated the apperant when he was admitted in Sunrise Hospital at Sangareddy. According to p.w.2, the appellant sustained laceration of right thigh, blunt injuries to right knee and right shoulder with murtiple sofr tissue injuries, fracture of right tibial plateau, spine injury and right clavicle fracture with head injury. After taking MRI of ceruical spine, it was noticed that there were right transverse process ofC5, C6 and C7 vertebrae on CT screening and fracture line is involving the transverse foramen at C6 level. The injuries related to spine were detected. While conf-rrming treatment given at Sunrise Hospital and the medical record exhibited, P.W.2 deposed that the appellant is not able to do anv work with his right hand and he almost became unemployed' There is a need to take support even to move the right hand' \ 4 RY,J MACMA-605-2023

8. The evidence of P'W'2 further shows that there are four grievous injuries and therefore' the Tribunal awarded Rs'1'00'000/- towards pain and suffering, which is appropriate' Further' an amount of Rs'2'00'000/- towards loss of amenities for temporary disability was granted by the Tribunal' The Tribunat also awarded Rs'6'00'000/- for the grievous injuries counting the 10 fracture iniuries as per the CT Scan report' Further, compensation of Rs'82'500/- is also awarded towards medical bills There was no evidence of income of the appellant marked under Ex'A-9' . from agricultural work or from buffaloes business' Therefore' no amount was awarded towards loss of income by the Tribunal' g. The evidence of P'W'3 i'e'' Dr' Ajay Kumar is that medical board of Kamareddy District issued Ex'A-16 disability certihcate which corresponds with injuries mentioned in Ex.A-3 certified copy of the injury certificate and Ex.A-6 discharge sunmary of Sunrise Hospital' According to P'W'3' the percentage of disability is 88% which is permanent and partial in nature. When there is permanent disability that too of right hand for a person claiming to be an agriculturist and a person having income from buffaloes business the loss accrued due to disability needs to be coy4ensated, whereas the Tribunal did not award compensation by ffi1.at'-57 :L-i / 5 *"ro-uo, ili calculating the loss of income due to disability by using the including multiplier and future prospects. formula

10. In the absence of income proof the notional income of the appellant as an unski,ed agricurtural labourer is taken at Rs.6,000/- per month. The age of the appellant was 45 years at the time of the accident. Therefore, as per the judgment in the case of Sarla Varma v. Delhi Transport Corporation and anotherr, the multiplier that appties to the appellant is l4' The percentage ofdisabirity is though shown as gg% is taken as 250k as the income from buffaroes business would not decrease as the said work does not always require the use ofright hand. There can be ross of services of the appellant with his right hand while working as an agricurrurar Iabourer' As such, the functional disability is taken at 25yo. At 45 years, the future prospects can be taken at r0%o. After adding furure prospects at l0o/o to the rnonthly income of Rs.6,000/-, the monthly income comes to Rs.6,600/-. The loss of income due to disability is calculated as Rs.6,600/- x t2 x t4 x 25 I 100 : 2,77,200t -.

11. ln add'rtron, the appellant was awarded Rs'1'oo'ooo/- towards pain' Rs.2,0O,000/- towards towatds medical expenses' sufferlng and Rs'82'500/- I \ ' 2oo9 (6) scc 12 .rc \ 6 RY,] N!{CMA-605-2023 loss of amenities' Rs'10'000/- as compensation expenses and towards transportation towards the ftactute inluries suffered by there is need Rs.6,00,000/- him as granted by the Tribunal' Coming to extra nourishrnent' to increase the compensation granted towards extra nourishment to Rs'25'000/-' ln total' the appellant is entitled for an amount Rs.10,000/- of Rs.1294J00/- towards compensatlon' awarded by to Rs'12'94'700/-

12. In the result' M'A'C'M'A is allowed' The compensation the Tribunal is hereby enhanced from Rs'10'02'500/- with interest at 9%o perannum on the enhanced compensation from the date of petition till the date of realization' The enhanced compensation amount shall be deposited by the respondents jointly and severally within a period of two months from the date of receipt of a copy of this Judgment' On such deposit, the appellant is entitled to withdraw the entire amount as apportioned by the Tribunal' without fumishing any security' There shall be no order as to costs' Miscellaneous Petitions' if any' pending in this appeal, shall stand closed' //TRUE COPY// SO/-M.OSMAN ALI BAIG AS STANT REGISTRAR SECTION OFFICER To,

1. The Chairman, Motor Accident Claims Tribr ^ccroenr utatms tnbunal (l_Addl. District Judge) at Nizamabad. M|"riiiig"'i'#fii^P,iilii'f i3^A{:itii:,?"'fl ,,,t %;ru l ) H,GH COURT DATED:0410 B]2O2S JUDGMENT MACMA.No.605 of 2023 Ttl .i\ )- '. 15 sEP 206 t * O6 .9n.:;.11r'--' ..\ ALLOWING THE MACMA WITHOUT COSTS t 1 \ i\