IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.V.L.N. Chakravarthi, J.
V.Jayageetha – Petitioner
Versus
APSRTC and Others – Respondents
Civil Miscellaneous Appeal No.2203 of 2016
Decided On : 31-10-2022
Motor Vehicles Act, 1988 – Section 166 (1) (a), 149, (2), 134 (a) and (b) – Indian Penal Code, 1860 – Section 337 - Motor vehicle accident - Permanent disability and injuries - Compensation - Petitioner filed an claiming compensation on account of permanent disability and injuries sustained by petitioner in a motor vehicle accident – Held, Tribunals have to keep guidelines in mind while assessing future loss of earnings due to permanent disability, in claims filed under Motor vehicles Act - Tribunal has awarded a total sum of Rs.4,62,080/- towards loss of future earnings on account of permanent disability, and also towards loss of amenities covered under heads pecuniary damages (Special Damages), and non-pecuniary damages (General Damages) receptively - Tribunal also awarded Rs.5,000/- towards transportation charges; and Rs.1,000/- towards loss of clothe; and also awarded Rs.1,00,000/- towards pain and suffering as she sustained two grievous injuries, and rightly awarded an amount of Rs.9,13,740/-, against claim amount – Court do not find any grounds to enhance compensation awarded the heads permanent disability, and loss of amenities as claimed by appellant in appeal - Appeal is partly allowed.
JUDGMENT :
This appeal is preferred by the claimant challenging the award dated 14.06.2016 passed in M.V.O.P.No.261 of 2012 on the file of Motor Accidents Claims Tribunal-cum-IV Addl. District Judge, Tirupati, wherein the Tribunal while allowing the petition, awarded a compensation of Rs.9,13,740/- with interest @ 7.5% p.a., from the date of petition till the date of deposit for the injuries sustained by her in the motor vehicle accident.
2. For the sake of convenience, the parties hereinafter referred to as they were arrayed in the lower Court.
3. As seen from the record, originally the petitioner filed an application U/s 166 (1) (a) of Motor Vehicles Act, 1988 (for brevity “the Act”) claiming compensation of Rs.12,00,000/- on account of the permanent disability and injuries sustained by the petitioner in a motor vehicle accident occurred on 09.03.2012 while the petitioner was travelling in APSRTC hire bus bearing No.AP 03Y 8996 from Appalayagunta to Tirupati and at Krishna Stone Crusher on Puttur – Tirupati road the petitioner fell down from the running bus at a curve, under the jurisdiction of Vadamalapet Police Station.
4. The facts of the case show that on 09.03.2012 at about 11.00 a.m., while the petitioner was travelling in the APSRTC hire bus bearing No.AP 03Y 8996 from Appalayagunta to Tirupati, and when the said bus reached near Krishna Stone Crusher, the driver of the bus drove the same in a rash and negligent manner, due to which the petitioner fell down from the running bus and sustained crush injury on her left chest. Immediately she was taken to SVRRGG Hospital, Tirupati by 108 Ambulance.
On receipt of the statement of the injured, a case in Cr.No.12/2012 under Section 338 of IPC was registered by Vadamalapet P.S., against the driver of the bus and subsequently, after conducting investigation, the police filed the charge sheet against him on the file of Addl. Judicial Magistrate of I Class, Puttur.
The injured was aged about 43 years and she was hale and healthy prior to the accident. The petitioner is a house wife and she was doing tailoring work and earning Rs.3,000/- p.m., and contributing the same to her family. From 09.03.2012 to 22.03.2012 she was treated in the said hospital and again on 29.03.2022 she was admitted in the same hospital as the injury to upper left chest was not healed. Subsequently, on the advice of doctors, she was admitted in C.M.C. Hospital, Vellore on 03.04.2012, where on examination the doctors found that there was a large irregular ulcer measuring about 30 x 10 cm., in the anterior chest wall extending from the midline to the left anterior chest wall laterally, supero inferiorly from left infraclavicular region to the supramammary region. There was dusky discoloration around the circumference of the ulcer. The margins were clearly demarcated and necrotic material with purulent discharge. On palpation, there was increased warmth and tenderness. The base was indurated extending from the infra mammary, supraclavicular regions and to the shoulder. The doctors at C.M.C. Hospital operated the petitioner viz., (1) Anterior chest wall debridement and left mastectomy on 03.04.2012; (2) Redebridement of the anterior chest wall on 08.04.2012 and emergency tracheostomy was done on 09.05.2012 and she was there in the I.C.U. for three days. Later, her wound was found to have fungal growth in few areas of the debrided wound, fungal culture had grown Mucormycosis. The wound became unhealthy and she needed a redebridment. The petitioner was receiving nebulisations for persistent wheeze. The petitioner became tachypnoea with respiratory alkalosis. Further, there was sudden onset upper airway obstruction secondary to the generalized oedema with laryngeal oedema she developed probably due to hypoalbuminemia. Her saturation again dropped and she was shifted back to SICU for ventilation. She was given frequent nebulisations and then the respiratory symptoms improved. Portex tracheostomy tube was converted into
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Uttar Pradesh State Road Transport Corporation Vs. National Insurance Co. Ltd.
The negligence of a driver can warrant vicarious liability from the employer, and the burden of proof for accidents is based on preponderance of probabilities, not beyond reasonable doubt.
The insurance company is liable to pay compensation for an accident involving a vehicle hired to APSRTC, as per the provisions of Section 149 of the Motor Vehicles Act, 1988.
The liability of the owner and insurer in accidents involving motor vehicles, and the entitlement to compensation in the absence of fault or negligence on the part of the driver.
The central legal point established in the judgment is the liability of the Insurance Company under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988, and the importance of proving the driver's a....
The liability of the owner and insurer in motor accident cases, even in the absence of driver negligence, and the maintainability of claim petitions for personal injuries under the M.V. Act.
Permanent disability does not automatically equate to loss of earning capacity; proper medical evidence is essential for substantiating claims.
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