2008 Supreme(AP) 89
Andhra Pradesh High Court
Nooty Ramamohana Rao, J.
Jigender Singh - Appellant
Vs.
B. Seshagiri Rao and Sons Ltd., Vijayawada and another - Respondent
CMA No.1933 of 2000
Decided on: Eighth Day of February, 2008
Headnote:(A) Motor Vehicles Act 1988- Section 173- Motor Accident claims- Plea of contributory negligence. Finding of Tribunal that accident in question caused only due to rash and negligent driving of chassis driver and that no contribution by appellant, is correct in absence of material suggesting contra thereto. Tribunal rightly found fault with respondents in not examining driver of chassis. [Para 6]
(B) Motor Vehicles Act, 1988 Sections- 167 and 173-Workmens Compensation Act, 1923, Schedule I- Motor Accident Claims- Permanent disability-Vision in left eye of appellant completely lost. In right eye is range of vision assessed to be in order of 10 to 30%. Tribunal awarded a sum of Rs. 1 lakh rounding of all components of compensation awarded by it. Assessment of disability of 30% made by Tribunal, being erroneous compensation liable to be enhanced by a further sum of Rs. 1 lakh. [Paras 8, 9]
2. The claimant, who was working h as a Hamali with Air Road Transport on (Assam) Company Limited, Autonagar, of Hyderabad, met with an accident involving is a lorry chasis, bearing number TR No.BHR a 16-9331, between 12-30 and 1-00 p.m. on 'is 4.1.1996, in which accident, he had received td multiple grievous injuries and as a result of which, he lost his vision and, consequently, became disabled completely. Though a sum of Rs.70,000/- was claimed originally, the claim petition has been permitted to be modified enhancing the claim to Rs.3-50 lakhs.
3. Heard Sri Vijay Kumar Heroor for the appellant, Sri Deepak Battacharjee for the 1st respondent and Sri T. Mahender Rao for the 2nd respondent.
4. The learned Counsel for the appellant had pointed out that the appellant while proceeding on a bicycle from Autonagar to Indiranagar, on 4.1.1996 around 12.30 p.m. a lorry chasis, bearing number TR No.BHR 16-9331, came from behind at a high speed and dashed against the bicycle of the appellant and, thus, caused the accident. The appellant has suffered multiple grievous injuries on his head and after registering the complaint (FIR) in that regard as Crime No.3 of 1996-Ex.A.1, the police at Vanasthalipuram have referred the appellant to the Osmania General Hospital for treatment. EX.X.l is the case-sheet maintained by the said hospital between 4.1.1996 and 27.1.1996 the date of discharge of the appellant against medical advice. EX.AA is the C.T. Scan report of the brain taken out at Vijaya Diagnostic Centre, Hyderabad, which clearly disclosed the multiple fractures suffered by the appellant to his facial bones. The C.T. Scan has also revealed the Cerebral Contusion and Cerebral Congestion apart from the blood clots in his brain. EX.X.l-case-sheet has also disclosed that the patient has been referred for expert treatment to the Sarojini Devi Eye Hospital at Hyderabad, which is yet another Government Hospital. The appellant had also filed the discharge ticket-Ex.A.3 and a bunch of medical bills as EX.A.5. He has also filed his salary certificate-Ex.A.6, vouching that he was paid a salary of Rs.2,500/- per month. The appellant had also examined two other witnesses apart from himself. Dr. K.V.S. Prakash Rao, Civil Assistant Surgeon and Neuro-Physician attached to the Osmania General Hospital, was examined as PW.3. PW.2 is an eyewitness to the accident.
5. Per contra, the respondents have got marked Exs.B.1 to B.3 on their side.
Ex.B.1 is the vehicle dispatch memo issued by the Tata Electric Locomotive Company, Jemshedpur, evidencing the dispatch of the chasis in question by it in favour of the 1st respondent-owner. EX.B.2 is the insurance cover-note for its transit period between Vijayawada and Hyderabad. EX.B.3 is the copy of the insurance policy for the vehicle in question. EX.A.2 is the charge-sheet filed by the police after investigating into the crime alleging that the driver of the chasis has driven the said vehicle rashly and negligently and thus caused the accident in question.
6. The Claims Tribunal did not have any difficulty to record a finding that the accident in question has been caused only due to rash and negligent driving of the chasis by its driver and that the appellant had not contributed, in any manner, to the said accident. It had rightly found fault with the respondents in not examining the driver of the chasis, at least, in support of their plea that the appellant had contributed to the accident. The findings recorded by the Tribunal in this regard are correct and there is no material on record to 'suggest anything contra thereto.
7. However, the Tribunal did not believe the salary certificate~Ex.A.6 produced by the appellant in support of the claim that the appellant was paid salary at Rs.2,500/- per month. The app