Compensation in personal injury claims must accurately reflect the damages suffered, including medical expenses and loss of earnings, ensuring fairness and reasonableness consistent with judicial precedents.

JUDGMENT :

SUDDALA CHALAPATHI RAO, J.

This instant appeal is filed by the appellant/petitioner assailing the Award, dt.28.11.2019 in MVOP.No.208 of 2017 on the file of the Motor Vehicle Accidents Claims Tribunal-cum-Prl. District and Sessions Court, Medak at Sangareddy(for short ‘the Tribunal’), seeking enhancement of compensation from Rs.10,35,223/- to Rs.18,00,000/- for the injuries sustained by the appellant/petitioner in the accident that occurred on 24.02.2017.

2. Parties hereinafter will be referred to as they are arrayed before the learned Tribunal.

3. The brief facts of the case are that on the fateful day at about 13:40 hours while the petitioner was riding his motorcycle bearing No. AIH 206 from RTC Bus Stand towards the Mandal Revenue Office, Zaheerabad, at a moderate speed and proceeding on the correct side of the road and when he reached in front of Pallod Complex within the limits of Zaheerabad, the 1^st respondent, who parked the Santro car bearing No. AP 10 AM 1098, opened the car door suddenly and negligently without taking proper precautions, as a result, the petitioner dashed against the opened door thereby sustained grievous injuries. Immediately after the accident, the petitioner was shifted to Government Hospital, Zaheerabad, and thereafter shifted to Care Hospital, Hyderabad, and underwent treatment for fractures to ribs, head injury, right temporal EDH, left temporal contusion with SAH, and such other bodily injuries, and incurred heavy medical expenses.

4. Further, in relation to the said accident, the police, Zaheerabad Town Police registered a criminal case in Crime No. 45 of 2017 against the 1^st respondent for the offences punishable under Sections 337 and 338 IPC and after completion of investigation, laid a charge sheet.

5. It was further contended that the petitioner was hale and healthy before the accident and earning about Rs.20,000/- per month, and was also an income tax assessee. But, due to the fractures and other multiple injuries sustained in the accident, the petitioner suffered physical deformity and unable to move freely, due to which he sustained permanent disability, and also suffered loss of amenities. Further, owing to the grievous injuries sustained, he has taken the assistance of a permanent attendant and had not attended to any work from the date of the accident. Thus, it is contended that the petitioner is entitled for compensation of Rs.18,00,000/- under different heads from respondent Nos.1 to 3, contending that the driver, owner, and insurer of the Santro car were jointly and severally liable to pay the compensation with interest and costs.

6. Per contra, the 1^st respondent, who is the driver of the offending vehicle, filed counter denying the averments made in the claim petition relating to the age, occupation, income, health condition of the petitioner, the nature of injuries, treatment undergone, medical expenses incurred, and the permanent disability. It is further contended that the accident occurred solely due to the rash and negligent riding of the motorcycle bearing No. AIH 206 driven by the petitioner and that there was no negligence on the part of the offending vehicle, and as such, it is stated that the petitioner is not entitled to any compensation. Further, it is contended that the owner and insurer of the motorcycle were necessary parties and that for non-joinder of such parties, the claim petition was liable to be dismissed. It was also pleaded that the claimant was holding a valid and effective driving licence at the time of the accident and the vehicle was duly insured with the 3rd respondent, and that