Andhra Pradesh High Court
Judges : B.K.SOMASEKHARA
Ullanki Kanaka Durgamma - Appellant
Versus
Dantuluri Suryanarayana - Respondent
Decided On : 09-10-96
Motor Vehicles Act,1988 –Accident – Claim of Compensation - Assessment of compensation - Cases arose out of a motor vehicle accident which occurred on near village on road when a lorry and a Tractor with Trailer came into collusion and claimants who were travelling in trailer as coolies received injuries - After an enquiry Tribunal found that accident was due to negligence of driver of lorry and thus awarded compensation as above with joint and several liability on part of respondents driver owner and the insurer of lorry – Held, For medical and incidental expenses, with or without proof some amount should be awarded as it may not be possible to prove all this in a case like this would suffice the meets or justice and requirements to cover such expenses - Claimant is a laborer whose income should be at least per diem per month or per annum - For his age at years applying the multiplier method and adopting as multiplier for his age loss of income should be this would come to lower right limb being one-sixth of whole body above amount would reduce itself to and to round it off would be proper amount towards loss of future income which could be compensated - Thus claimant in all shall be entitled to compensation – Petition Dismissed
( 1 ) THE three appeals arise out of a common Award passed by the Motor accidents Claims Tribunal, Vijayawada, in series of cases in M. V. O. P. Nos. 3,5,7,110 and 112 of 1986 dated 5-5-1989. C. M. A. No. 637/1990 concerns o. P. No. 3/1986, C. M. A. No. 635/1990 concerns O. P. No. 5/1986 and C. M. A. No. 1008/1990 concerns O. P. No. 7/1986. All are injury claim cases. The appellants herein are the claimants. In O. P. No. 3/1986, Rs. 550/- were awarded. In O. P. No. 5/1986, Rs. 9,500/- were awarded, and in O. P. No. 7/1986, Rs. 14,950/- were awarded.
( 2 ) MR. Prabhakar Reddy, learned advocate has contended that the amount of compensation awarded in each of these cases is inadequate. Mr. Krishna, learned Advocate has tried to support the award.
( 3 ) THE cases arose out of a motor vehicle accident which occurred on 29-11-1985 at 10. 00 A. M. near Anumachipalli village on Vijayawada- hyderabad road when a lorry ABV 2302 and a Tractor AAW 5212 with Trailer adb 6911 came into collusion and the claimants who were travelling in the trailer as coolies received the injuries. After an enquiry, the Tribunal found that the accident was due to the negligence of the driver of the lorry and thus awarded compensation as above with the joint and several liability on the part of the respondents, viz. , the driver, owner and the insurer of the lorry. The appeals are confined only to the question whether the compensation awarded in each of the cases is inadequate.
( 4 ) HAVING heard both the sides and examined the material on record and the award of the Tribunal, this Court is not convinced that the amount of compensation so awarded is adequate and it requires enhancement.
( 5 ) IN O. P. No. 3, the claimant pleaded that she sustained injuries on the forehead, chest and also lost the teeth in addition to bleeding in the mouth. Except Ex. A-2, the certified copy of the wound certificate, showing that the claimant suffered some minor injuries, there is no supporting material, particularly n regard to the loss of tooth. The Tribunal fixed Rs. 550/- by way of compenisation arbitrarily without giving any reasons or applying mind. It cannot be forgotten that even simple injuries or minor injuries result in painful experience to the victim and it takes 3 to 4 weeks to completely cure them. It is true that there is no law of precedent for assessment of compensation since it depends upon the facts and circumstances of each case. But, it cannot be forgotten that the identical cases like precedents and compensation cases play very important role of having certainty and uniformity in rendering decision. Even for a simple or minor injury, Rs. 500/- to 1,000/- are being awarded by the precedents consistently. (In Daly s case (1982) CLY, unreported, C. A. No. 91), 1,500 Pounds were awarded for fractured rib with superficial wounds. For bruises and sprain of shoulders, 1,250 Pounds were awarded in Graten s case (1982) CLY 881) and similar amount was awarded in Pardie (1982) SLT 303) and for a simple ankle sprain, 800 Pounds were awarded in Winkley s case (1984) 5 CL 105-a) and even for an impairment of soft tissue in the leg, 350 Pounds were awarded in Mill s case (1984) 5 CL, unreported, C. A. No. 2 ). All these cases are noted in page 217 and 218 in damages for Personal Injuries and Death by John Munkman (7th edition of 1985 ). In Bandayya vs. Ningappa, for simple bruises or contusions, rs. 3,000/- were awarded. The testimony of the claimant, although not supported by medical evidence, cannot be lightly taken. The person who suffers the injury will be in a better position to say it particularly in regard to pain. Therefore Rs. 3,000/- deserve to be awarded to cover such injuries and accordingly it is awarded.
( 6 ) IN O. P. No. 5/1986, it was established with positive evidence, supported by medical evidence, that the Claimant suffered the following injuries: (1) Diffused swelling on right fore arm, 10 "x 4" red in colour. (2) Contusion i
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.