IMPORTANT POINT
Compensation for personal injury must reflect actual loss and be supported by medical evidence, particularly for claims of future earnings and serious injuries.

JUDGMENT :

NYAPATHY VIJAY, J.

1. This Appeal is filed by the Insurance Company questioning the Award and Decree dated 28.02.2017 in M.V.O.P. No. 120 of 2008 passed by the Motor Vehicle Accident Claims Tribunal-cum-III Additional District Court, Srikakulam.

2. For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the Tribunal.

3. The brief facts so far:

Appellant is the Insurance Company. The Claimant was working as an Associate Professor in the Zoology Department of Andhra University, Visakhapatnam. Subsequently, she was promoted as Professor. On 29.03.2006 at about 4.00 p.m. Claimant along with her Husband and Daughter were proceeding in car bearing No. AP 31 AM 2280 to her native place, Amadalavasa. While so, when the vehicle reached Sayannagadda near Thamminadupeta village, a lorry bearing No. AP 31 X 2899 driven by respondent No. 1 in a rash and negligent manner dashed the car and consequently, the car fell into fields.

4. In the accident, the Claimant and her husband suffered multiple fractures. The Claimant also sustained severe head injury and fracture to the left knee joint. The Claimant, her husband and their daughter were shifted to Government Hospital Srikakulam. Thereafter, for better treatment, they were shifted to Seven Hills Hospital, Visakhapatnam. The Claimant was treated as in-patient from 29.3.2006 to 19.04.2006 and had underwent a major surgery. The Claimant underwent surgery in Surya Hospital for removal of nails and screws performed by Dr. D. Laxman Rao. As her leg was not straightened, she underwent another surgery in Care Hospital, Visakhapatnam on 15.08.2007. The Doctors, who had treated the Claimant assessed the disability as 40%.

5. A case was registered in Etcherla Police Station in Crime No. 37 of 2006 under Sections 337, 338 of I.P.C. A charge sheet was filed vide C.C. No. 353 of 2006 before Judicial First Class Magistrate, Srikakulam. Subsequently, the case was transferred to Special Mobile Court, Srikakulam and the driver of the lorry was convicted for the offence. At the time of accident, the Claimant was aged 42 years and she was drawing a salary of Rs.53,360/- and a compensation of Rs.43,01,900/- was sought by the Claimant.

6. The Respondent No. 1 is the driver of the lorry and the 2nd respondent is the owner of the lorry and they remained ex parte. Respondent No. 3 i.e. the Insurance Company filed its formatted written statement denying every aspect of the claim petition. In addition to the formatted denial, an additional objection was that the Claimant is working as Professor in Andhra University and as such is not entitled to compensation for any loss of income.

7. In the course of examination on behalf of the Claimant, PWs. 1 to 5 were examined and Exs.A.1 to A.126, Ex.C.1 to Ex.C.2 and Exs.X.1 were marked.

8. The Tribunal framed the following issues:

1. Whether the petitioner sustained injuries in the motor vehicle accident that took place on 29.3.2006 at about 4 pm on NH5 road, at Sayannagedda of Thamminaidupeta village limits, Srikakulam district? If so, whether the accident occurred only due to rash and negligent driving of the lorry bearing No. AP31X 2899 or due to the rash and negligent driving of the car bearing Regn. No. AP31 AM 2280 by its driver at that time?

2. Whether the Claimant is entitled to receive any compensation? If so, to what amount and from whom?

3. To what relief?

9. The Tribunal, after considering the oral and documentary evidence and applying the principles laid down in the citations, held that the accident occurred due to rash and negligent driving of the driver of the lorry and awarded an amount of Rs.44,52,000/- towards compensation.

10. Heard Sri Kotha Rama Mohan Rao, proxy counsel for Sri Srinivasa Rao Katakamsetty and Sri V. Sudhakar Reddy, learned counsel for respondents.

11. There is no dispute about the manner of accident a