2010 Supreme(AP) 283

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD.
V.V.S. RAO and B.N.RAO NALLA, JJ.
Pola Bhadramma – Appellant
verses.
G. Kumar and another – Respondent
M.A.C.M.A.No. 2488 of 2007 and MAC.M.A.No. 1032 of 2008
Decided on 9-4-2010.

Headnote:A) MOTOR VEHICLES ACT, 1988, Sections 166 and 173:- Unlike in the case of fatal accidents, in case of accidents causing serious injuries, it is the injured who alone is entitled to the compensation under various heads of damages, but not his legal representatives.

       B) MOTOR VEHICLES ACT, 1988, Sections 166 and 173:- In case of injured cases, the claimants are entitled to compensation on several pecuniary as well as non-pecuniary heads of accounts enumerated in the court – Some of them are (a) pain and suffering, (b) loss of amenities of life, (c) loss of expectation of life, (d) disfigurement, and (e) discomfort and inconvenience. – Under pecuniary heads of compensation loss of past compensation up to date of filing the claim petition, loss of future earnings or probable loss of future earnings and cost of medical expenses including notional cost of nursing in house and providing nourishing food etc. are also some of the enumerated heads of compensation.

       C) MOTOR VEHICLES ACT, 1988, Sections 166 and 173:- Non-pecuniary compensation under the heading of pain and suffering is liable to be paid notwithstanding that the injured person who is unconscious and in a vegetative state unable to fees any pain or suffering and in this case it is fixed at Rs. 1 lakhs as against the amount ofRs.15000/- fixed by the Tribunal

       D) MOTOR VEHICLES ACT, 1988, Sections 166 and 173 - Non-pecuniary damages - Loss of amenities – Compensation under this heading depends upon the medical assessment and evaluation of disablement or restriction in enjoyment of life. – Though no amount is claimed under this heading, it is the duty of tribunal of to award appropriate compensation which was fixed at Rs.5 lahs keeping in view of the mental paralysis suffered by the injured.

       E) MOTOR VEHICLES ACT, 1988, Sections 166 and 173 - Non-pecuniary damages - Loss of expectation of life Compensation – The claimant suffered irreversible brain damage and hence an amount of Rs. 3 lakhs awarded even though the Tribunal had not awarded any amount as it was not claimed

       F) MOTOR VEHICLES ACT, 1988, Sections 166 and 173 - Non-pecuniary damages Compensation for disfigurement – The claimant having suffered multiple fracture apart from dislocation of right elbow apart fro being reduced to a living organism in a vegetative state and hence a nominal compensation of Rs. 3 lakhs

       G) MOTOR VEHICLES ACT, 1988, Sections 166 and 173 - Non-pecuniary damages Discomfort and inconvenience – Since this is payable for pain or discomfort caused due disruption in any planed or planned activity at the time of accident, no amount is awarded under this heading because the injured is only a house-wife proceeding on a moped along with her brother-in-law, who also died in the accident, on a domestic work

       H) MOTOR VEHICLES ACT, 1988, Sections 166 and 173 - Pecuniary damages - Loss of future earnings – Appellant injured is a house wife. Neverthless taking into account the loss of service as a house-wife to the family, her contribution to the family is fixed at a notional amount of Rs.3000/- per month and applying the multiplier of 13, the compensation under this heading was put at Rs4,68,000/-

       I) MOTOR VEHICLES ACT, 1988, Sections 166 and 173 - Pecuniary damages - Compensation for injuries – The injuries referred by the Doctors are neurological which have reduced to an irreversible state vegetative existence – Keeping in view the extreme nature of the bodyily injury, the compensation fixed at Rs 25000/- for each injured is considered too low and a flat compensation of Rs. 2,50,000/- fixed.

       J) MOTOR VEHICLES ACT, 1988, Sections 166 and 173 - Pecuniary damages - Loss of salary for husband of appellant injured – Compensation claimed by the husband as loss of pay during the period to attend his wife in the rejected as already a notional loss income of the insured is awarded and the husband of the petitioner had received half salary.

       K) MOTOR VEHICLES ACT, 1988, Sections 166 and 173 - Future medical expenses - Span of life – Even though no medical bills are produced, keeping in view of the apex court’s judgment in NIM’s case, it was held that she is entitled to a reasonable amount of compensation taking into account her expected life span as 65 years.

       L) MOTOR VEHICLES ACT, 1988, Sections 166 and 173 - Pecuniary damages - Medical and Hospital expenses – The award of actual medical expenditure amounting to Rs. 8, 55,758/- is confirmed in view of the admission of the investigator appointed by the insurer as actual expenditure incurred, rejecting the contention of the insurer tha it is excessive.

       M) MOTOR VEHICLES ACT, 1988, Sections 166 and 173 - Pecuniary damages - Physiotherapy, nursing and attendant charges – A total amount of Rs.18,67,250/- is awarded in total under different headings of nursing, driver to take to hospital frequently and physiotherapy services.

       N) MOTOR VEHICLES ACT, 1988, Sections 166 and 173 - Pecuniary damages - Special diet and feeding expenses – An amount of Rs.2.49,4000/- shown to have been spent is awarded under the heading.

       O) MOTOR VEHICLES ACT, 1988, Sections 166 and 173 - Pecuniary damages - Compensation towards future medical expenses – As per Supreme Court order applying the multiplier method is dispensed and a flat amount Rs.15,00,000/- awarded, which has to be invesed in a fixed deposit and he interest on the same may be applied for future medical expenses/

       P) MOTOR VEHICLES ACT, 1988, Sections 166 and 173 - Pecuniary damages - Compensation under miscellaneous items – Award of Rs.19,250 towards tilt table and Rs.7,800/- towards alfa bed under this heading is upheld as they are held necessary for the appellant injured who is reduced to a vegetative state so as to prevent bed sore.

       Q) MOTOR VEHICLES ACT, 1988 Sections 166 and 173 Enhancement of compensation - Appeal by claimant Appellant sustained injuries in motor accident – Apart from raising the compensation under different headings, the insurer is also directed to pay interest at the rate of 6 % p.a. on the amount from the date of filing O.P. till date of depositing the amount.