The Court held that the Tribunal did not err in awarding compensation of Rs. 20,32,800/- with interest at 9% per annum from the date of the petition, as the amount awarded was reasonable and in line with the prevailing rates of compensation for similar injuries, and the interest rate was justified considering the delay in settling the claim and the prevailing interest rates.

JUDGMENT :

This appeal is preferred by the 3rd respondent/Oriental Insurance Company, challenging the award dated 23.04.2020 passed in M.V.O.P.No.194/2016 on the file of Motor Accidents Claims Tribunal-cum-I Addl. District Judge, Machilipatnam, wherein the Tribunal while partly allowing the petition, awarded compensation of Rs.20,32,800/- with interest @ 9% P.A. from the date of petition, till the date of realisation to the petitioner, for the injuries sustained by the petitioner.

2. For the sake of convenience, the parties are arrayed as parties in the lower Court.

3. As seen from the record, originally the petitioner filed an application U/s.166 of Motor Vehicles Act, 1988 (for brevity “the Act”) claiming compensation of Rs.30,00,000/- on account of the injuries and disability sustained by the petitioner in a road accident occurred on 02.12.2015 while the petitioner was going on motor cycle bearing No.AP 16 CN 8646 to attend his duty and at about 09.45 a.m. when he reached Chitti Guduru village cross road on Machilipatnam- Vijayawada High Way, at that time, the 1st respondent being the driver of Innova car bearing No.AP16 CN 2525 came in his opposite direction in a rash and negligent manner and dashed the motor cycle of the petitioner, as a result of which, the right leg of the petitioner was cut off and the petitioner received other multiple injuries over his body.

4. The facts show that 02.12.2015 while the petitioner was going on motor cycle bearing No.AP 16 CN 8646 to attend his duty and at about 09.45 a.m. when he reached Chitti Guduru village cross road on Machilipatnam-Vijayawada High Way, at that time, the 1st respondent being the driver of Innova car bearing No.AP16 CN 2525 came in his opposite direction in a rash and negligent manner and dashed the motor cycle of the petitioner. On account of the said accident, the petitioner was shifted to Government General Hospital, Machilipatnam in 108 ambulance, where he was given first aid. On receipt of hospital intimation, the Out Post Police recorded the statement of the petitioner and the same was registered as FIR in Cr.No.118/2015 of Gudur P.S. for the offence punishable U/s.338 of Indian Penal Code. Subsequently, the petitioner was referred to Time Hospital, Vijayawada, for expert treatment, where a team of doctors treated the petitioner and amputated his right leg. He took treatment for a period of 10 days and spent Rs.3,00,000/- towards medical expenses. After discharged from the said hospital, the petitioner took treatment as outpatient. Subsequently, the petitioner again took treatment as inpatient in the same hospital for a period of one week. The petitioner spent a sum of Rs.1,00,000/- towards travelling expenses and Rs.1,00,000/- towards extra nourishment. In view of the injuries sustained by the petitioner, he is unable to walk, unable to attend nature calls and depending on his family members. He appointed an attendant to render assistance to him and has been paying Rs.9,000/- per month. The motor cycle of the petitioner was badly damaged. The petitioner suffered mentally, physically and psychologically. He has completed M.C.A. and has bright future. He was unmarried and due to amputation of his right leg, he is unable to attend his job and he lost marriage opportunities.

5. Before the Tribunal, the 1st respondent/driver of the Innova car filed counter, denying the petition averments and contended that the bills filed by the petitioner are all fabricated and obtained for the purpose of false claim. The 2nd respondent i.e., owner of the said Innova car remained exparte.

6. The 3rd respondent/Insurance Company, who is the Appellant in the petition, filed counter resisting while traversing the material averments with regard to proof of age, avocation, monthly earnings of the petitioner, manner of accident, rash and negligence on the part of the driver of the Innova