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2018 Supreme(AP) 200

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
G. Shyam Prasad, J.
D. Sai Kumar - Appellant
Vs.
Jyothi Transport Service and Ors. - Respondents
M.A.C.M.A. No. 2588 of 2014
Decided On : 29-01-2018

Advocates:
Advocate Appeared:
For the Appellant : K. Hari Mohan Redy
For the Respondents: Kota Subba Rao

Headnote:

Motor Vehicles Act, 1988 – Motor Vehicular Accident – Enhancement of compensation – Appeal is filed by appellant-claimant assailing Order and Decree passed by Chairman, Motor Accidents Claims Tribunal, and Additional Chief Judge, City Civil Court in O.P. – Held, Appellant is an engineering graduate –He was working as Marketing Manager in Spectra India Housing Private Limited, by date of accident – He proved his income by examining, that he was drawing salary of Rs. 20,000/-. – He suffered three grievous injuries in the accident – He may have also suffered functional disability because of the injuries received in the accident – His future prospects would be affected in view of the injuries suffered by him in the accident – Awarding compensation of Rs. 13,94,751/-. – Appeal Partly Allowed (Paras 8, 10)

JUDGMENT :

G. Shyam Prasad, J.

1. This appeal is filed by the appellant-claimant assailing the Order and Decree dated 05.02.2014 passed by the Chairman, Motor Accidents Claims Tribunal, and the Additional Chief Judge, City Civil Court at Hyderabad in O.P. 2678 of 2011.

2. Brief facts of the case are that the appellant filed claim petition O.P. 2678 of 2011, under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs. 14,00,000/- towards the injuries sustained by him in a motor vehicle accident that occurred on 09.04.2011 at about 6:15 PM while he was going on his motor cycle bearing number AP-23Q-4293, along with his friend, from Malaysian township to high-tech city and when they reached township gate, one car bearing number AP-28-TV-5166 came from the backside, at a high speed and in a rash and negligent manner, and dashed his motorcycle; as a result of which, he and his friend fell down on the road and he sustained a fracture to both bones of left leg, along with an injury to his head, and other blunt injuries all over his body. He has taken treatment in Remedy Hospital. The Police, KPHB Police Station, registered a case in Crime No. 298 of 2011 against the driver of the offending car. The appellant made a claim against the owner and insurer of the offending car. The 1st respondent had remained ex parte and the 2nd respondent had filed written statement denying the allegations made in the petition, particularly, the age, income and the manner of the accident, and the injuries sustained by the appellant in the accident. The appellant was put to strict proof of the alleged involvement of the offending car which caused the accident. It is alleged that the accident has occurred due to the rash and negligent driving of the appellant himself without following the traffic rules. It is further alleged that the claim of the appellant for Rs. 14,00,000/-, towards special and general damages as specified under various Heads, is highly excessive. It is further alleged that the first respondent-owner has to furnish the particulars of the insurance policy, date, time and place of accident, and also the particulars of driving license, name of the driver and that it is the duty of the police to forward the claim to the Claims Tribunal having jurisdiction.

3. The Tribunal has framed three issues. Issue No. 1 was in respect of rash and negligent driving by the driver of the offending car; issue No. 2 with regard to the entitlement of the appellant for compensation, and; issue No. 3 on the aspect of the relief thereof. The Tribunal has examined the witnesses P.Ws. 1 to 4 and marked the documents Exhibits A1 to A18 on behalf of appellant, and Exhibits B1 and B2 on behalf of the respondents. On consideration of the evidence, the Tribunal answered the Issue No. 1 regarding the rash and negligent driving in favor of the appellant holding that the accident occurred due to the rash and negligent driving by the driver of the offending car. The issues regarding the entitlement of the appellant for compensation and the relief thereof, were answered holding that the appellant is entitled for compensation of Rs. 5,75,548/- with interest at the 7% per annum from the date of petition till realization. Aggrieved by the orders passed by the Tribunal, the appellant-claimant is before this Court for enhancement of compensation awarded by the Tribunal.

4. Heard the arguments of the learned counsel for the appellant, and the learned counsel for the respondent-insurance company.

5. Learned counsel for appellant contended that the Tribunal has not awarded just and reasonable compensation entitled by the appellant. He submits that the appellant was 21 years old by the date of accident and he was working as a Marketing Manager in Spectra India Housing Private Ltd., and was drawing a salary of Rs. 20,000/- per month. It is contended that the Tribunal







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