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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.V Ravindra Babu, J.
Lingam Vijay Kiran - Appellant
Versus
V.Ravindra Kumar & Ors. - Respondents
Motor Accident Civil Miscellaneous Appeal No. 259 of 2016
Decided On : 14-03-2024
MACMA - Motor Vehicle Accident Compensation - Motor Vehicles Act, 1988, Sections 149, 170 - Compensation awarded by the Tribunal enhanced from Rs.4,58,905 to Rs.6,21,905 with interest at 7.5% per annum on the enhanced amount - Third respondent directed to deposit the enhanced amount with up to date interest and proportionate costs within one month from the date of judgment - Claimant entitled to withdraw the entire amount in lump sum.
Fact of the Case:
The claimant, a teacher, sustained severe injuries in a motor vehicle accident and filed a claim petition seeking compensation for medical expenses, loss of earnings, future medical expenses, permanent disability, and other related expenses. The Tribunal awarded a sum of Rs.4,58,905 with interest at 7.5% per annum, which the claimant found insufficient and filed a MACMA to enhance the compensation.
Finding of the Court:
The Court found that the claimant proved the serious fractures and injuries sustained due to the negligent driving of the offending vehicle. The Court also noted the claimant's prolonged and extensive medical treatment, loss of earnings, and permanent disability. The Court held that the compensation awarded by the Tribunal was insufficient and enhanced it to Rs.6,21,905 with interest at 7.5% per annum on the enhanced amount.
Issues: The issues before the Court included the sufficiency of the compensation awarded by the Tribunal, the extent of the claimant's injuries and disabilities, and the liability of the respondents to pay the enhanced compensation.
Ratio Decidendi: The Court's decision to enhance the compensation was based on the claimant's extensive medical treatment, permanent disabilities, loss of earnings, and other related expenses. The Court also considered the negligent driving of the offending vehicle as the cause of the accident, which led to the claimant's injuries and disabilities.
Final Decision: The Court allowed the MACMA in part, enhancing the compensation awarded by the Tribunal from Rs.4,58,905 to Rs.6,21,905 with interest at 7.5% per annum on the enhanced amount. The third respondent was directed to deposit the enhanced amount with up to date interest and proportionate costs within one month from the date of judgment, and the claimant was entitled to withdraw the entire amount in lump sum.
JUDGMENT
A.V Ravindra Babu, J. - Challenge in this MACMA is to the award, dated 14.09.2015 in M.V.O.P.No.144 of 2009, on the file of the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Kadapa ('Tribunal' for short), whereunder the Tribunal as against the claim of the claimant to award a sum of Rs.15,00,000/- towards compensation with regard to the injuries sustained by her in a motor vehicle accident, which was occurred on 13.08.2007, awarded a sum of Rs.4,58,905/- with interest at 7.5% per annum from the date of filing of the claim petition till 02.06.2010 and from 01.09.2014 to till date of deposit and directing the respondent Nos. 1 to3 to deposit the compensation amount with proportionate costs within a period of one month from the date of judgment. The claimant feeling that the compensation awarded by the Tribunal is not just and sufficient, filed the present MACMA, 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 claimant before the Tribunal, in brief, according to the averments in the claim, is;
(i) that the claimant was aged about 44 years at the time of accident and she was hale and healthy and attending to her profession with ease and comfort.
(ii) On 13.08.2007 claimant after completion of duty as Head Teacher in M.P.P. School, Machugaripalli, intended to return back to her house. In that process claimant boarded an auto bearing No.A.P.04-V-6369. The auto reached near R.C.M. School, Mydukur side. At that time, School bus bearing No.A.P.27-W-7418 ('offending vehicle' for short) belonging to second respondent, dashed the auto in which claimant was travelling. As a result, claimant sustained injuries. The accident took place due to rash and negligent driving of the driver of the offending vehicle.
(iii) The claimant was shifted immediately to RIMS Hospital, Kadapa for treatment. Later, she took treatment in Yashoda Hospital, Hyderabad. She also took treatment in Yashoda Hospital at Hyderabad from 15.08.2007 to 22.08.2007. She spent Rs.1,71,876/-during first phase of treatment to her. She again was admitted in Yashoda Hospital on 26.08.2007 and was discharged on 31.08.2007. She underwent post operative treatment in Yashoda Hospital and spent a sum of Rs.24,977/- during said phase of treatment. Again she was admitted in Yashoda Hospital on 17.09.2007 as In-patient and spent a sum of Rs.11,116/- during third phase of treatment and she was discharged on 19.09.2007.
(iv) In spite of better treatment and care, the implants got failed and there was non-union of humorous, as such, the claimant was forced to approach Yashoda Hospital, Hyderabad on 27.11.2007. After undergoing tests, the Doctors opined that there is non-union of fracture of right humorous with implants failure with infections. She was forced to undergo further operation for removal of the earlier implants and again for fixing new implants. Thus, the claimant spent Rs.1,06,539/- during 4th phase of treatment. She again approached Yashoda Hospital on 06.08.2008 for removal of implants from right tibia and got discharged on 09.08.2008. During the course of 5th phase, she spent Rs.27,554/.
(v) The claimant spent a sum of Rs.22,000/- towards attendant charges.
(vi) The claimant was working as Head Teacher in M.P.P. Elementary School, Machugaripalli Village, Mydukur Mandal and drawing a salary of Rs.13,587/- per month. On account of fracture injury, the claimant could not attend to her duties from 14.08.2007 to till today. The employer of the claimant paid half salary for a period of six months. Thereafter no salary was paid to the claimant. The claimant thus sustained heavy monitory loss on account of the injuries sustained in the accident. Had she not met with the accident, she would have got her salary and due to non-attending her duties, the promotion changes are also weakened. Therefore, the claimant is entitled to
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