Assessment of compensation for injuries sustained in a motor vehicle accident should consider the nature of injuries and loss of earnings suffered by the claimant.

JUDGMENT :

1. The Award, dated 05.02.2015 in M.V.O.P.No.7 of 2013, on the file of Motor Vehicles Accidents Claims Tribunal-cum-I Additional District Judge, East Godavari at Rajamahendravaram (for short “Tribunal”), is under challenge in the present MACMA filed by the appellant. The present appellant is claimant in the above MVOP and not satisfied with the compensation amount of Rs.1,23,000/- for the injuries sustained by him in a motor vehicles accident, he filed the present appeal with a prayer to enhance the compensation.

2. The parties to this MACMA will hereinafter be referred to as described before the Tribunal for the sake of convenience.

3. The case of the present claimant in M.V.O.P.No.7 of 2013 according to the averments in the petition before the Tribunal is that on 28.09.2012 he as pillion rider along with his friend Danthuluri Ramakrishna Varma (rider of the motorbike) was proceeding on Hero Honda Motorbike bearing No.A.P.05-AB-1156 and when they reached near Chepuru Village at about 9-45 p.m., the first respondent being the driver of the Lorry bearing No.A.P.16-TV-2503 (hereinafter will be referred to as “offending lorry”) came in a rash and negligent manner with high speed without blowing horn and dashed the motorcyclist from behind. As a result of the violent hit, the claimant and rider of the motorbike were fell on the road and the claimant sustained grievous injury to his left leg and multiple injuries to both his legs and hands and all over his body. The claimant was aged 28 years and was doing poultry business and was getting Rs.6,000/- per month. He lost his future earnings. The first respondent was the driver, the second respondent was the registered owner and the third respondent was the insurer of the offending Lorry and they are jointly and severally liable to pay compensation. The claimant sought to award a sum of Rs.3,50,000/- for compensation.

4. The respondent Nos.1 and 2 remained exparte before the Tribunal.

5. The third respondent/insurance company got filed a written statement contending in substance that the accident was occurred due to the negligence of the claimant only. There was no rash and negligent on the part of the first respondent. The first respondent has no valid and effective driving license at the time of accident. The compensation claimed by the claimant is highly excessive. Hence, the petition is to be dismissed.

6. Basing on the above pleadings, the Tribunal settled the following issues:

(1) Whether the accident was occurred due to rash and negligent driving of first respondent, while first respondent-driver of the offending lorry bearing A.P.16-TV-2503?

(2) Whether the claimant is entitled for claim of compensation, if so, to what amount and against whom?

(3) To what relief?

7. On behalf of the claimant before the Tribunal P.W.1 and P.W.2 were examined and Ex.A.1 to Ex.A.5 were marked and further Ex.X.1 and Ex.2 were marked. On behalf of the insurance company/3rd respondent, R.W.1 was examined and further Ex.B.1 and Ex.X.1 to Ex.X.4 were marked. It is evident from the appendix of evidence and further the judgment of the Tribunal.

8. On completion of enquiry and on hearing both sides, the Tribunal gave findings that the accident was occurred due to rash and negligent driving of the driver of the offending lorry and the driver of the offending lorry has also valid driving license to drive the vehicle and as the claimant was a third party and as Ex.B.1 covers the period of accident in respect of the offending vehicle, the respondent Nos.2 and 3 are jointly and severally liable to pay the compensation to the claimant and accordingly awarded a sum of Rs.1,23,000/- and directed the third respondent to deposit the amount with interest at 6% per annum from the date of petition till realization and that the amount is to be deposited within 30 days from the date of award and that the claimant can withdraw a sum of Rs.75,000/- and remaining amount shall be kept in Fixed Deposit for a period of six