A person cannot gain twice from different sources for the same incident; therefore, compensation should not be deducted based on unrelated benefits.

JUDGMENT :

A.Hari Haranadha Sarma, J.

I. Introduction:-

1. [i] This MACAMA filed under Section 173 of MOTOR VEHICLES ACT [for short ‘M.V. Act], is directed against the Order and Decree dated 29.04.2015 passed in M.V.O.P.No.501 of 2012 by the Motor Accidents Claims Tribunal-cum- VII Additional District Judge, Visakhapatnam [for short “ MACT”].

[ii] Claimant before the learned MACT is the appellant before this Court. His claim made for Rs.70,00,000/- was allowed in part awarding a compensation of Rs.3,35,000/-.

[iii] Feeling aggrieved by the said order and decree, present appeal is filed.

2. 1^st respondent herein is the driver and the 2^nd respondent herein is the owner of the Maruthi Car bearing No.AP 31 BD 2630 [for short ‘the offending vehicle’], which was insured with the 3^rd respondent.

3. For the sake of convenience, parties will be herein after referred to as the claimant and the respondents, as and how they are arrayed, in the impugned proceedings.

II. Case of the claimant:

4. [i] On the fateful day viz., on 30.12.2010 at about 8.45 p.m., claimant was travelling on his scooter bearing No.AP 31 A 7102 along with his son as pillion rider, on the road leading from Maddilapalem junction to III Town Police Station and when they reached A.U. Engineering college, the offending vehicle came in opposite direction, driven by the 1^st respondent in a rash and negligent manner with high-speed and dashed the scooter on which the claimant was travelling, whereby the accident occurred and the claimant sustained grievous injuries and his son sustained simple injuries. They were shifted to Seven Hills Hospital.

[ii] Claimant has undergone treatment as in-patient in Seven Hills Hospital from 30.12.2010 to 8.2.2011. He has suffered the following injuries:

1) IT fracture femur right, 2) S/c fracture femur 3) Rt.com. fracture proximal 1/3^rd femur, 4) Lt. fracture medical condyle Lt. tibia 5) Multiple facture ribs and 6) fracture calvicle Lt.

[iii] Petitioner further sustained injury to the spleen, forehead and right eye lid. He has also sustained intestinal perforation of size 2cm diameter in the jejunum.

[iv] He has undergone Laparectomy, splenectoy and internal resection, by a surgical gastroenterologist.

[v] Again the petitioner was admitted in Seven Hills Hospital on 10.03.3011 for 2 days and on 19.07.2011 for further two days and finally reported to his work on 06.06.2011. For 5 months, he was bed ridden undergoing treatment as in patient and out-patient.

[vi] Most of the bills paid to the Hospital directly by Steel Plant authorities, where he was working.

[vii] By the date of accident, the claimant was aged ‘46’ years, working as Assistant General Manager in Rashtriya Ispat Nigam Ltd., Visakhapatnam Steel Plant. Though he resumed to his office after treatment, he was not comfortable and suffering from several difficulties and he lost several privileges of life. He has been suffering from pain in both knees, restriction of movement. There is a shortening of left lower limb of about 4 cm. Hence, there is limping while walking.

[viii] He is suffering partial and permanent disability of 50%. He had to engage attendant during treatment and hired car to move. He had to engage a driver for attending the office from his home.

[ix] Further he was in hospital for 45 days continuously, there was necessity of transportation of family members and attendants. Even during 5 months bed rest and intermittent treatments, he had to incur expenditure for transportation to hospital and for extra nourishment. His scooter got damaged. Now he cannot drive the vehicles. He had to incur expenditure towards driver’s wages etc., he has availed 142 days of Earned Leave from December 2010 to August 2011 due to the accident., which cost