JUDGMENT:

This appeal is filed against award dated 08.07.2024 granting compensation of Rs.2,50,000/- to the claimant in M.V.OP No.126 of 2020 on the file of the Motor Accidents Claims Tribunal-cum-IV Addl. District Judge, East Godavari at Kakinada, for the injuries suffered in a motor vehicle accident occurred on 03.01.2020, including loss of two teeth which is grievous injury.

2. The case of the appellant, in brief, is as follows:

He was aged 30 years, hale and healthy and working as a driver of Bolero transport vehicle and earning Rs.40,000/- per month. On 03.01.2020, when he reached Matlapalem Mahalaskhmi Thalli temple, going on Bajaj Pulsar motor cycle bearing registration No.AP 38A 3277 at about 12.30 pm, the 1st respondent, who was driving Maruthi Dezire VDI car bearing registration No.AP 16 DH 2379 in a rash and negligent manner without blowing horn and proceeding from Yanam to Kakinada, dashed the motor cycle on its rear side and as a result, the petitioner fell on the road along with his motor cycle, and suffered fracture of right shoulder and loss of all his teeth, besides serious injuries on his head, right elbow, wrist, left arm and chin. Immediately, he was shifted to the Government General Hospital, Kakinada where he was treated for two (2) months during which period he suffered a lot of pain and mental agony. As he was unable to drive the Bolero van, he engaged a driver by paying salary of Rs.15,000/-. Thus, he is entitled to seek compensation of Rs.6,00,000/- for loss of earnings, pain and suffering, medical expenses, dependency and loss of future earnings.

3. The 1st respondent/the driver and the 2nd respondent/owner of the offending vehicle did not contest. The 3rd respondent opposed the claim denying the case of the petitioner.

4. On behalf of the petitioner, PW.1 & P.W.2 were examined and Exs.A.1 to A.10 and Exs.X.1 to X.3 were filed and on behalf of the 3rd respondent, R.W.1 and Ex.R.1 was filed. The Tribunal awarded compensation of Rs.2,50,000/- as against claim of Rs.6,00,000/-, with interest @ 9% p.a. from the date of the petition, till the date of deposit.

5. The appellant contended that no amount of compensation is granted for the permanent disability due to loss of the teeth and the loss of compensation awarded under other heads is also inadequate.

6. The Tribunal calculated the amount of compensation at para 20 of the award as follows:

1. Loss of earnings - Rs.45,000/- 2. Reimbursement of medical expenses Rs.46,154/- 3. Reimbursement of transport expenses Rs. 3,000/- 4. Attendant charges for three months Rs.10,000/- 5. Loss of damage to the vehicle Rs. 3,000/- 6. Pain and suffering Rs.10,000/-

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Rs.1,17,154-00 -------------------

7. However, at paras 27 and 28 of the award, the Tribunal felt that the claimant is entitled to a minimum amount of compensation of Rs.2,50,000/- due to grievous hurt suffered and observed as follows:

“27. In the amendment brought to the MV Act in the year

2019, Chapter X of MV Act which deals with liability without fault in certain cases (Sections 140 to 144 of MV Act) were omitted. Thus, it could be said that the compensation that could be awarded under Section 164 of MV Act cannot be restricted to no fault liability and if any person met with an accident and suffers grievous hurt, he is entitled to minimum compensation of Rs.2,50,000/-; and in case of death, the legal representatives of the deceased are entitled to minimum compensation of Rs.5,00,000/-.

28. A conjoint reading of Section 164 of MV Act and 166 of MV Act would indicate that the injured who suffered grievous hurt would be entitled to seek minimum compensation of Rs.2,50,000/- even though the compensation that would be awarded under Section 166 of MV Act may be less than that. Thus, this Tribunal is of the opinion that if a petition is moved seeking compensation under 166 of MV Act and the compensation that could be awarded is less than Rs.2,50,000/- for grievous hurt, this Tribunal can award minimum comp