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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA
Pilli Savitha – Appellant
Versus
Mirz Sadiq Baig – Respondent
JUDGMENT :
NARSING RAO NANDIKONDA, J.
1. This appeal has been preferred by the appellant-claimant aggrieved by the Award and decree, dated 18.09.2019 in M.V.O.P.No.735 of 2016, passed by the Chairman, Motor Accidents Claims Tribunal-cum-(VIII Additional District Judge) at Nizamabad (for short, ‘the Tribunal’), whereunder and whereby the Tribunal partly allowed the O.P. granting compensation of Rs.1,51,300/- with interest @7.5% interest.
2. Heard Sri P.Radhive Reddy, learned counsel for the appellant-claimant and Sri V.Sambasiva Rao, learned Standing Counsel for respondent No.2-Insurance Company. None appears for respondent No.1.
3. For the sake of convenience, the parties hereinafter referred to, as they are arrayed before the Tribunal.
4. The brief facts of the case are that on 11.11.2016 at about 1:30 PM, the claimant was travelling as a pillion rider on a motorcycle, which was driven by one Sainath, and when they reached on the outskirts of Pothangal Village, in the meanwhile a Car bearing No.AP- 01-TV-0211 came in a rash and negligent manner in opposite direction and dashed against the motorcycle. As a result of which, the claimant fell down and the front wheel of Car ran over her.
The court determined that compensation for injuries should be proportionate to the severity of disability and loss of earnings, leading to a recalculation and enhancement of the awarded amount.
The court emphasized the necessity of fair compensation for injuries sustained in a motor vehicle accident, highlighting the importance of considering pain and suffering in the award.
Compensation for injuries in motor accidents should reflect a reasonable assessment of income and related expenses, ensuring adequate and just recompense for the injured party.
The court established that adequate compensation requires proper assessment of injuries and disability, resulting in a ruling to enhance compensation significantly beyond the initial award.
Compensation claims in tort law require substantiation of damages; permanent disability claims must be backed by appropriate evidence to be awarded.
The court established that compensation must be just and reasonable, adjusting notional income and damages based on established precedents to reflect the claimant's injuries and losses.
The calculation of compensation should consider updated income standards and the claimant's specific circumstances, reflecting on long-term consequences of injuries sustained.
Compensation awarded in personal injury cases must be just and adequate, reflecting the seriousness of injuries and their impact on earning capacity.
The court clarified the calculation of compensation for injury claims, emphasizing revised income and addressing categories for permanent disability and pain and suffering.
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