A claimant in a motor accident case is entitled to just compensation, which may exceed the claimed amount, ensuring the award reflects the injury's nature and financial impact.

JUDGMENT

Introductory:

1. Respondent No.3 in M.V.O.P.No.473 of 2011 on the file of the Motor Accidents Claims Tribunal-cum-III Additional District Judge (FTC), Ongole (for short, “the learned MACT”), filed the present appeal questioning the Award dated 19.03.2013 passed by the learned MACT, whereunder the petition filed under Section 166 of the Motor Vehicles Act claiming a compensation of Rs.15,00,000/- for the injuries sustained in a motor vehicle accident was partly allowed, awarding a sum of Rs.11,50,000/- with interest at 9% per annum from the date of petition till realization, fastening the liability jointly and severally on the respondents therein.

2. Respondent No.1 herein is the claimant before the learned MACT. Respondent Nos.2 and 3 herein are the driver and owner of the lorry bearing Registration No. AP 07 U 4129 (hereinafter referred to as “the offending vehicle”).

3. During the pendency of the appeal, the claimant died and Respondent Nos.4 and 5 were brought on record as his legal representatives.

4. For the sake of convenience, the parties will be hereinafter referred to as “the claimant” and “the respondents” as and how they are arrayed in the impugned proceedings. Case of the Claimant

5. The claimant was working as a Volvo Bus Driver in Kaleswari Travels, Vijayawada, earning a monthly salary of Rs.15,000/- including batta.

(ii). While so, on 05.11.2011 at about 10:30 p.m., he was driving the bus bearing Registration No. AP 31 TT 1112 from Lakdikapul, Hyderabad and when it reached near Ghat Nemalapuri on Hyderabad-Nagarjuna Sagar Road at about 01:00 a.m., the offending vehicle came in the opposite direction, driven by its driver in a rash and negligent manner in high speed and dashed. As a result, the claimant sustained grievous injuries, including crush injury to his right leg. The claimant was immediately shifted to Devarakonda Government Hospital and subsequently to Aware Global Hospitals, Hyderabad, where he underwent surgery and spent Rs.1,20,000/- towards treatment, medical, nursing and accommodation etc.

(iii). A case in Crime No.162 of 2011 under Section 337 and 338 IPC was registered by Gudipalli Police Station, Nalgonda District against the driver of the offending vehicle.

(iv). The claimant is suffering permanent total disability due to the amputation of his right leg and was unable to continue his profession as a bus driver.

(v). The accident occurred solely due to the rash and negligent driving of the offending vehicle by Respondent No.2, who was employed by Respondent No.1/Owner of the lorry. Therefore Respondent Nos.1 to 3 are jointly and severally liable to pay compensation.

Case of the Insurance Company:

6(i). The manner of accident, nature of injuries, age, occupation and income of the claimant shall be strictly proved.

(ii). The accident occurred due to contributory negligence, as there was a head-on collision between the lorry / offending vehicle and the Volvo Bus belonging to Kalaswara Travels.

(iii). The owner of the Volvo Bus is not impleaded and the claimant suppressed material facts.

(iv). The claimant shall prove permanent disability and loss of earning capacity.

(v). Quantum of compensation claimed is excessive.

7. On the strength of pleadings, the learned MACT framed the following issues for trial:

1. Whether the accident occurred due to rash and negligent driving of the lorry bearing No. AP 07 U 4129 by its driver?

2. Whether the petitioner is entitled to claim any compensation? If so, for what amount and from whom?

3. To what relief?

Evidence before the learned MACT:

8. From the claimant side, claimant as P.W.1 and one A. Sanjay, Doctor, as P.W.2 and One V. Suresh Kumar, Accountant of Kaleswari T