Just compensation in motor vehicle accident cases must adequately restore claimants to their pre-accident condition, addressing all relevant damages including loss of income and medical expenses.

JUDGMENT :

A. HARI HARANADHA SARMA, J.

1. The claimant in M.V.O.P.No.115 of 2010 on the file of the District judge- cum-Chairman, Motor Accidents Claims Tribunal, Chittoor (for short “the learned MACT”) filed the present appeal feeling dissatisfied with the quantum of compensation of Rs.6,99,000/- awarded by the learned MACT against the claim made for Rs.12,00,000/-.

2. For the sake of convenience, the parties will be hereinafter referred to as and how they are arrayed before the learned MACT.

Case of the claimant:

3. On 12.07.2008 at about 04:00 a.m., when the petitioner was travelling in Car bearing Registration No.AP 03 AA 3636, driven by one N. Mahadeva Reddy, on Chittoor-Tirupathi Main Road near Panapakkam Bus Stop, the Tata Sumo bearing Registration No.TN 63 A 6774 (hereinafter referred to as “the offending vehicle”) driven by respondent No.1, came in the opposite direction and dashed against the car, causing the accident. The petitioner and other inmates of the car, including the driver, sustained grievous injuries and the driver succumbed to injuries on the spot. Negligence of Respondent No.1, the driver of the offending vehicle, is the cause for accident.

4. A case in Crime No.106 of 2008 was registered against Respondent No.1 for the offences under Sections 304-A and 338 I.P.C, and he was subsequently charge sheeted vide C.C.No.65 of 2008 on the file of III Additional Judicial First Class Magistrate, Tirupati.

5. Further, the case of petitioner is that immediately after the accident, the petitioner was shifted to SVRR Government Hospital, Tirupati and after first aid, he was referred to SVIMS Hosptial, Tirupati for expert treatment. The SVIMS Hospital authorities referred him to C.M.C. Hospital, Vellore for expert treatment for the Head injury. He took treatment from 13.07.2008 to 28.07.2008 at C.M.C. Hospital, Vellore and underwent a major operation, during which steel plates and screws were inserted for the fractures. Periodical visits were advised. On 18.12.2008, the petitioner was readmitted in MIOT Hospital, Chennai and discharged on 30.12.2008. Later, he was admitted in Global Hospital, Chennai on 24.08.2009 and discharged on 02.09.2009. He was unable to move from the bed and became permanently disabled. His face is completely disfigured. His movements are restricted to bed only. The disability is assessed at 75%. Future treatment / further operation is necessary for removal of the steel plates. He has incurred Rs.4,50,000/- towards hospital and medical expenses, Rs.26,000/- towards transport expenses, and Rs.50,000/- towards attendant charges, extra nourishment and other expenses.

6. The petitioner was aged about '38' years; hale and healthy. He was doing mason contract works and real estate business, earning Rs.15,000/- to Rs.20,000/- per month and also holding six (06) acres of agriculture land. He was also attending to cultivation work, from which he was earning Rs.50,000/- to Rs.60,000/- income per year. Due to the unfortunate accident, he become totally disabled. Hence, the petitioner is entitled for just and reasonable compensation.

7. Negligence of Respondent No.1 is the cause for the accident. The Vehicle was insured with Respondent No.2.

8. Respondent No.3 is the owner of car in which the petitioner was travelling. Respondent No.4 is the Insurance Company. Hence, all the respondents are liable to pay compensation.

9. Respondent No.1 remained ex-parte.

10. The other respondents contested.

Case of Respondent No.2:

11. The petitioner is put to strict proof of all the allegations including t