PiooaraBhoomanna v. Svecl Sadaat Hussain S/o. Syed Ahmed Hussain Owner of the

HON'BLE SMT.JUS TICE M.G.PRIYADARSINI JUDGMENT: M.A.C.M.A.No.3 4OS of2OO9 1 . Dissatished with the compensation awarded by the learned Motor Acciclents Claims Tribunal (VII Additional District Judge) (FTC) Nizamabad at Bodhan (hereinafter referred as 'the Tribunal), in O.p.No.2OZ of 2OO4, daLed. 15.07.2OO9, the petitioner/ injured in the said O.p. preferred the present Appeal seeking enhancement of compensation.

2. For the sake of convenience, the parties hereinafter be referrcd as they were arrayed before the learned Tribunal.

3. The brief facts of the case are that the pelitioncr/ inj ured I'ilecl a perition under Section 166 (1)(a) of the Motor Vehicles Act, 198g read with Rule 455 of A.P.M.V.Rules, 1989 claiming compensation of Rs.3,O0,0OO/_ for the rnjuries sustained by him in a motor vehicre accident that occurred on I2.72.2OO3. It is stated by the petitioner that on 77.12.2OO3. when the petitioner ald one V.Ramesh were going on a Cycle in a slow and cautious manner in order to attend 'Swadyaya tat Sridharshanam,, at about 7.00 p.m., after crossing Jankampet Alisagar turning, an Auto rickshaw bearing No.Ap 2S_U 4082, which was driven by its driver in a rash and negligent manner at high speed, came liom behind I I ! i i a t I I I I I I I I i I I r I I I I I ; l l i I I I \ \ 2 MAP,J MACMA Na.34OS of 2a09 and dashed the cycle from behind' due to which' he along with Ramesh fell down and sustained multiple and grievous injuries and the petitioner sustained fracture of left ankle lower end of tibia, fracture of right leg patella' fracture of right shoulder' right clavicle, fracture of sth 6th ribs on the right side of the chest,abrasionovertheleftleg,abrasionovertherightknee, abrasion over right shoulder, injuries on head chest' hands ImmediatelY after the and on other Parts of the bodY' the Petitioner was shifted to Government Head accident, quarlers Hospital, Nizamabad and later admitted in private Nursing home and underwent several operations and rods wereinsertedinhisleftandrightlegsandheincurredan amount of Rs. 1 ,00,000/ - towards medical expenses and is still undergoing treatment from private doctors' It is stated by the petitioner/injured that prior to 4. accident, he was hale and healthy and used to do Agriculture and Milk business and earn more than Rs lO'000/- per month and used to contribute the same for maintenance of famiiy' Duetothefractureinjuriessustainedbythepetitioner,heis unable to concentrate on work and now and then' he is getting pain, headache, giddiness and became dependent on others ald became permanently disabled' As the accident occurred due to rash and negligent driving of the driver of crime Ar'rto i:.' ':a;.' // 3 MACMA.No i405 of 2OO9 rickshaw, hence, he filed claim petition seeking compensation against the respondent Nos.1 who are the owner and &2 rnsurer of crime Auto rickshaw bearing No.Ap_25_U_40g2

5. Respondent No. i /Owner of crime Auto bearing No.Ap_ 25-U-4082, remained ex-pa rte.

6. Respondent No.2/Insurance Company hled its counter denying the averments made in the claim petition including, manner of accident, injuries sustaincd by the petitioner, amount spent towards trcatmcnt, age, avocation and income oI the petitioner and contended that the person who drove the alleged crime Auto do not possess valid and effective driving license to drive the saicl Auto and that the claim of compensation is excess and exorbitant and therefore prayed to dismiss the claim against it. 7 . Based on the pleadings made learned Tribunai had framed the by both parties, the following issues for conducLing trial: (t) (it) (ti) Whether the accident Lrts taken place due to rash and tlegLigent diutng of Auto bearing No.Ap_2S IJ_4O82 bg its driuer? Whether the petitioner is entitled. for compensation? if so, to tlhat amount and against Lahom? To what relieJ? \ \ i I I I I l, I I 4 nlaP'J MAC,ltA. N o - 3 4 O 5 af 2 oA 9 Before the Tribunal, the petitioner/ injured examined 8. himself as PW I, got examined PW2-Doctor and got marked Exs.A 1 to A3 on his behalf On behaif of respondent No.2/lnsurance Company, no oral evidence was adduced' however, Ex.BI, copy of insurance policy was marked with consent. g. After considering the evidence and documents available on record, the learned Tribunal had partly-allowed the claim petition Lry awarding compensation of Rs'70'OO0/- along with interest @ 7 .5% per annum from the date of petition till the date ol realization payable by respondent Nos' 1 & 2 jointly and severally. Having not satished with the said compensation amount, the claim petitioner/injured preferred the present Appeal seeking enhancement of the same' 1O. Heard Sri Y.S.Yellanand Gupta, learned counsel for the Appellant/ injured as well as Sri P'Harinatha Gupta' Iearned Standing Counsel for Respondent No'2/Insurance Company' 1 1 . The main contenlion of the learned counsel for appeilant/ injured is that though the learned Tribunal appreciated all the facts, bttt it awarded very meager amount towards compensation and therefore prayed to enhance the copdensation amount. i I :i I i ,i 5 MAP,J MACtiA.No 34os oJ 2oO9

12. Per contra, learned Standing Counsel for the Respondent No.2/Insurance Company contended that the learned Tribunal, after considering all the aspects, had rightly awardcd reasonable compensation and interference of this Court is unwarranted. 1?) Now, the point that emerges for cletermination is, (l) Whether the order of the teamecl TribunaL requires inte rference of this Court? (ii) Whether the appeLlant/ injured- is entitled_ for enhancement of compensation amount? POINTS:

14. This Court has perused the evidence and documents available on record. petitioner/ injured examined himself as PWl and reiterated the contents made in the claim petition and deposed about the injuries sustained by him. To prove about the injuries sustained by him, he got examined pW2_ Doctor

15. Though the petitioner/ injured was treated by one Dr.Sudheer, but on account of his resignation, the Medical Superintendent of District Head euarters, Nizamabad, was examined as PW2 and he, upon examination of the petitioner, deposed about the injuries sustarned by him as under:_ 1 \ 5 ITGP,J MACMA No.s4os oJ 2009 I Suelling and deformitg on left ankle and fracture of touter end of fibula Fracture of right Patella gtetling in deformttg ouer ight shoulder rt'tith fracture of ight clauicle. Fracture of Sth 6th ibs on ight side' Abrasion ouer left Leg 5x2 cms' Abrasion ouer the nght knee 3x2 cms' Abrasion ouer the ight shoulder 3 x 2 cms (t) (it (iil (iu) (") (ui) (uii) PW2 deposed that the injuries referred under (i) to (iv)

16. are grievous in nature and the injunes 1&2werecross- (vii) are simple injuries' Though PWs examined, nothing adverse was elicited to disbelieve their referred under (v) evidence. L7 . As the injuries mentioned under trx'A3-Wound certilrcateweretalliedwiththeinjuriesstatedbyPW2,the learned Tribunai awarded a sum of Rs 12'OOO/- each towards 4 grievous injuries and Rs'2'500/- for 3 simple injuries' This Court, considering the nature of injuries to be grievous in nature, is inclined to enhance the amcunt awarded under the head of grievous injuries from Rs'12'000/- to Rs'20'00O/- eachandfromRs.2,500/-toRs.3,o0ol-eachtowardssimple injuries. I I I 7 MCP,J MACMA Na.34OS of 2aa9

18. The learned Tribunal apart from awarding compensation towards the injuries sustained by the petitioner, also awarded a sum of Rs.4,500/- towards Medical expenses; Rs.2,000/- towards extra nourishment; Rs.2,0il0/_ towards attendant charges; Rs.2,000/_ towards transport charges and Rs.4,000/- towards pain and suffering. Considering the nature of injuries and the pain and suffering undergone by the petitioner, this Court finds the said amounts to be on meager side and hereby enhances the same as detailed under:_ s No Details of Head 1 2 3 4 5 6 7 8 4 injuries Grievous 3 Simple injuries Medical expenses Extra nourishment Attendant charges Transport charges Pain and sufferin TOTAL COMPENSATION Amount awarded Tribunal Rs.a8,O00/- (Rs.12,000/- for each injury) Rs.7,sOO/- (Rs 2,500/- for each injury) Rs.4,50O/- Rs.2,000/- Rs.2,0Oo/- Rs.2,00O/- Rs.4,0OO/- Rs.70,00O/- b Amount awarded by this Court Rs.80,0oO/- (Rs.20,0o0/- each injury) Rs.9,00O/- (Rs.3,ooo/- cach rnjury) Rs.5,00O/- Rs.5,0OO/- Rs.5,0OO/- Rs. 10,0O0/- Rs.1,18,500/- i9. In the result, the Appeal is partly_allou,ed by enhancing the compensation amount avvarded by the Tribunal from Rs.70,000/- to Rs. 1,1g,50O/_ which shall carry interest @ 7 '5%o per annum from the date of petition till the date of I I 8 MACW.No 3405 of 2009 n realizatio'n payable by respondent Nos' 1 & 2 jointly and severally within a period of two months from the date of receipt of copy of the judgment Upon such deposit' the appellant/ injured is entitled to withdraw the same without furnishing any security There shall be no order as to costs' )o Pending miscellaneous petitions' if any' shall stand closed //TRUE COPYII To, - 1 rhe chai rm, n,. M:,: : fi :fflli-t-ll',T;IJI iH;T , iXT3i"f.':e?T S'"Hf [ *o* J o"'A' Advocate i. on" CC to SRl p HnnrNeftr GUPTA Advocate [oPu 4. Two CD CoPies BB'ddE&?FiE SECTION OFFICER -Vll Additional District toPUCi ( I I i 1 ! t I i i I t, c-' ,j t.- ''t f!ll: c r4 \\ 1I SEP zffi * ,n4,7 'r!.!ii -,: tl (): I .I. HIGH COURT DATED: 1010312025 JUDGMENT MACMA.No.3405 of 2009 I I I I I i I I I a t I I i i I PARTLY ALLOWING THE MACMA WITHOUT COSTS Ut) b [3253] rN rHE HrcH couRrItofi/]!ff"rfr= oF TELANGANA MONDAY, THE TENTH DAY OF-IMARCTI 'iwo inousAND AND TWENTY FlvE PRESENT THE HONOURABLE SMT JUSTICE M'G'PRIYADARSINI MOTO R ACC IDENT CIVTL MISC LANE EL OUS APPEAL NO: 3405 0F20 09 Between: !y"??',l,i,)ffi u"1\r3a fl ft 'f,,ffi B1l'?[?',- ]: #J:{: and Milk Vendor R/o' ...APPELLANT AND .Rfl,.,11ixt0Ei.&11;,,t".{?.111fr??.:8...flt,?y#%?'J:i"AutoRickshaw Nizamabad ' ' ihiru,lir. ru'Jid,#-iiffifliFiru["##il:". o'i zooe t'o 5 1 2004) "'RES'.NDENTS Aooeal filed under Section 1 73 of lvlotor vehicles Act" against the Judgment and decree, made in o i]tiJ''bi'iJoo+ dated lltoTt2oog on the file of the chairman, lvlotor Accideni;;;i*; Tribunal-cum-Vit Raoitionat District Judge Nizamabad at Bodhan' This appeal coming on for hearing and upon perusinQ the grounds of appeal tne ; u d g ;L n i r o' :: 11" :ii:i ISJ l".1Elt^ ml, S B1; I H[JI"':,. il: it?:,1]??$?.ti,? 3[i:E?fi"-i*iiii irt-i]-n-iuo"'i" ro|. t'e Respondent No'2 This court doth Order and Decree as follows' 1 That the Motor Accident Civil Miscellaneous Appeal be and hereby is partly- awarded bv the Tribunal allowed bv enhancing *" itrnJ""tlii* '1"ti1tt from Rs.70,000/- to Rs 1,i8-"ititil- *r'i"h shall carry interest @ 7 5'/" per annum from the date ot oliitio"n tiir it'" Jut- of realization pavable bv resoondent Nos.1 & z i"i"liv'rli."r"irrrv wit,in a period of two months l':;;"ii;;;;;; ie""ipt or copv or the 'udsment' 2 3 4 That upon such deposit, the appertant/injured is entifled to withdraw the same without furnishing any security That save as aforesaid, the decree of the Lower court sha, stands confirmed, in all other respects; and That there be no order as to costs in this appeal. SD/- T JAYA SREE UTY REGISTRAR //TRUE COPY// To, ECTION OFFICER I The chairman, Motor Accidents craims Tribunar-cum-V[ Additionar District Judge Nizamabad at Bodhan.,(with records, if any) Two CD Copies 2 sdr M/ HIGH COURT DATED: 1010312025 DECREE MACMA.No.3405 of 2009 PARTLY ALLOWING THE MACMA WITHOUT COSTS b v