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2020 Supreme(AP) 445
ANDHRA PRADESH HIGH COURT AT AMARAVATI
Battu Devanand, J.
Oggu Narasa Reddy, Krishna Dist Others - Appellant
Versus
Tekumuri Hari Babu Others - Respondent
M.A.C.M.A No. 590 of 2011, 2203 of 2011, 2383 of 2011, 342 of 2020
Decided On : 15-06-2020
Y.V. Ravi Prasad, Advocate, V. Krishna Rao, Advocate
The principles of assessment and quantification of compensation in motor vehicle accident cases, including consideration of factors such as the nature and extent of injuries, medical expenses, loss of earnings, pain and suffering, mental agony, transportation charges, extra nourishment and attendant charges, loss of estate, and funeral expenses, to determine a just and reasonable compensation amount.
Headnote:
MOTOR VEHICLE ACCIDENT - COMPENSATION - ENHANCEMENT - INJURIES - MEDICAL EXPENSES - LOSS OF EARNINGS - PAIN AND SUFFERING - MENTAL AGONY - TRANSPORTATION CHARGES - EXTRA NOURISHMENT AND ATTENDANT CHARGES - LOSS OF ESTATE - FUNERAL EXPENSES - PRINCIPLES OF ASSESSMENT AND QUANTIFICATION OF COMPENSATION.
Fact of the Case:
A motor vehicle accident occurred involving a Lorry and a Maruti Van, resulting in the death of one person and injuries to several others. The deceased's family and the injured persons filed claims for compensation under the Motor Vehicles Act, 1988.
Finding of the Court:
The Tribunal awarded compensation to the claimants, but the petitioners appealed, seeking enhancement of the compensation amount.
Issues: 1. Whether the compensation awarded by the Tribunal was just and reasonable or needed enhancement? 2. Whether the petitioners were entitled to additional compensation under various heads, including medical expenses, loss of earnings, pain and suffering, mental agony, transportation charges, extra nourishment and attendant charges, loss of estate, and funeral expenses?
Ratio Decidendi: 1. The Court held that the compensation awarded by the Tribunal was not adequate and needed enhancement. 2. The Court considered the nature and extent of the injuries sustained by the petitioners, the medical expenses incurred, the loss of earnings, the pain and suffering endured, the mental agony experienced, the transportation charges, the extra nourishment and attendant charges, the loss of estate, and the funeral expenses. 3. The Court relied on judicial precedents and principles of assessment and quantification of compensation in motor vehicle accident cases to determine the appropriate compensation amount.
Final Decision: The Court enhanced the compensation awarded by the Tribunal in all four appeals. The enhanced compensation amounts were to carry interest at 7.5% per annum from the date of the petition till the date of realization. The respondents were directed to deposit the compensation amount within one month from the date of receipt of the judgment, failing which execution could be taken out against them.
JUDGMENT
Battu Devanand, J. - All these appeals arises out of the same motor vehicle accident that occurred on 06.09.2007 involving the Lorry bearing No.A.P.27 U 5055 and a Maruti Van bearing No.A.P.37 M 2288 and the respondents in all M.V.O.Ps are one and the same. In view of the same, all these appeals are disposed of by common order.
2. The parties hereinafter referred to as petitioners and respondents as arrayed in the Tribunal in all the OPs.
3. Macma NO.590 OF 2011:
This appeal has been filed by the petitioners in MVOP.No.415 of 2008 aggrieved by the decree and award, dated 31.08.2010 passed by the Additional District Judge (Fast Track Court), West Godavari at Eluru (for short "the tribunal") in awarding compensation of Rs.1,39,000/- against the claim of Rs.5,00,000/-, for the death of the deceased i.e., Oggu Ranga Reddy and sought enhancement of compensation.
4. Macma NO.2203 OF 2011:
This appeal has been filed by the petitioner in MVOP.No.622 of 2008 aggrieved by the decree and award, dated 22.11.2010 passed by the Motor Accidents Claims Tribunal-cum-Additional District Judge, Family Court, West Godavari at Eluru (for short "the tribunal") in awarding compensation of Rs.38,329/- against the claim of Rs.2,00,000/-, for the injuries sustained by him and sought enhancement of compensation.
5. Macma NO.2383 OF 2011: This appeal has been filed by the petitioner in MVOP.No.206 of 2008 aggrieved by the decree and award, dated 26.08.2010 passed by the Motor Accidents Claims Tribunal-cum-V Additional District Judge (Fast Track Court), West Godavari at Eluru (for short "the tribunal") in awarding compensation of Rs.35,000/- against the claim of Rs.3,00,000/-, for the injuries sustained by her and sought enhancement of compensation.
6. Macma.No.342 OF 2020:
This appeal has been filed by the petitioner in MVOP.No.207 of 2008 aggrieved by the decree and award, dated 26.08.2010 passed by the Motor Accidents Claims Tribunal-cum-V Additional District Judge (Fast Track Court), West Godavari at Eluru (for short "the tribunal") in awarding compensation of Rs.20,315/- against the claim of Rs.1,50,000/-, for the injuries sustained by her and sought enhancement of compensation.
7. The factual matrix of the case is thus:
a) The case of the petitioners in all claim petitions is that on 06.09.2007 one Oggu Ranga Reddy (hereinafter referred to as "deceased") along with his sisters and others went to Dwaraka Tirumala for attending "Annaprasana function" in a Maruti Van bearing No.A.P.37 M 2288 and after completion of the said function during their return journey when they reached opposite to ASRAM hospital at about 1-45 p.m. on N.H.5 bye pass road, at that time the lorry bearing No.A.P.27 U 5055 (hereinafter referred to as "crime vehicle") driven by its driver-1st respondent in a rash and negligent manner with high speed came in a wrong direction and dashed the Maruti Van in which the deceased and the petitioners are travelling, as a result of which they received multiple injuries and immediately, they shifted to ASRAM hospital, Eluru for treatment. The deceased in OP No.415 of 2008 died on 14.09.2007 while undergoing treatment. A case in Crime No.176 of 2005 was registered by Eluru Rural police for the offences punishable under Sections 304-A, 338 and 337 of IPC and after completion of investigation police filed charge sheet against the driver of the Lorry bearing No.A.P.27 U 5055.
b) As per the averments made in all the claim petitions the 1st respondent being the driver, the 2nd respondent being owner and the 3rd respondent being the insurer of the Lorry bearing No.A.P.27 U 5055 and the 4th respondent being the driver, the 5th respondent being the owner and the 6th respondent being the insurer of Maruti Van bearing No.37 M 2288 are jointly and severally liable to pay compensation to the petitioners.
8. The respondent Nos.1, 2, 4 and 5 rema
