Judgment · High Court · 2010

Judgment

This civil miscellaneous appeal is filed against the judgment the Motor Accidents Claims Tribunal, Guntur, M.V.O.P.No.931/99. Petitioner - Claimant is the appellant.

#2. Heard.

#3. The brief facts are as follows: On 28.10.1998 at about 2.30 p.m. while the petitioner and another person were going on a scooter, lorry bearing No.36-T- 7779 driven by second respondent from opposite direction at high speed in a rash and negligent manner dashed the scooter, on account of that the petitioner received severe injuries including right temporal region. He was shifted to Bhanu Nursing Home, Kakinada, where he underwent treatment up to 29.10.1998 and thereafter, he was referred to Government Hospital, Kakinada and later to NIMS, Hyderabad. A case in Cr.No.94 of 1999 was registered for the accident. He claimed compensation of Rs.1.00 lakh. Second respondent filed counter denying the allegations of the petition. On the basis of above pleadings, the following issues were framed:

#1. Whether the accident occurred due to rash and negligent driving of the driver of the lorry bearing registration No.AP 36T 7779?

#2. Whether the petitioner is entitled to compensation and if so to what amount and against whom?

#3. To what relief? On behalf of the petitioner, the petitioner himself was examined as P.W.1 and Exs.A1 to A8 were marked. No oral or documentary evidence was adduced on behalf of the respondents. On the basis of the material on record, the court below awarded compensation of Rs.7,500/-, out of which, Rs.6,000/- towards medical expenses. Aggrieved by the above quantum, the present appeal is filed.

#4. Now, the only question that arises for consideration is, whether the petitioner is entitled for any higher compensation?

#5. The petitioner did not suffer any serious injuries. The medical evidence reveals that he suffered only a simple injury on the right temporal region. He absconded from the Government Hospital, Kakinada and no opinion is forthcoming from that hospital with regard to the nature of injury suffered by him. His CT scan reveals right temporal contusion with thin subdural haematoma. Thus, he suffered a light internal injury to brain, i.e., some collection of blood. There is no material to show that on account of the above injury, he suffered any kind of disability except undergoing treatment for some time and he was conservatively treated, which also shows that perhaps nothing was serious. Considering all these circumstances, particularly in view of the fact that he took treatment at Bhanu Nursing Home, Kakinada upto

29.10.1998 thereafter at Government Hospital, Kakinada and thereafter at NIMS, Hyderabad, for which he must have spent some money for transportation etc., and as suspecting his injury as somewhat serious he might have joined NIMS, where the medical report reveals that he suffered an injury to right temporal region, this Court is of the opinion that granting an amount of Rs.25,000/- would be appropriate.

#6. Accordingly, the compensation is enhanced from Rs.7,500/- to Rs.25,000/-. Interest on the enhanced amount of compensation is at 6% per annum.

#7. Accordingly, C.M.A. is partly allowed. No costs. ______________________ P. SWAROOP REDDY, J. 30th November 2010, Rns