The court established that compensation for injuries in a motor vehicle accident must reflect the severity of injuries, and insurance liability persists regardless of the driver's license type.

Aggrieved by the order dated 02.12.2009 in O.P.No.495 of 2017 passed by the Motor Accident Claims Tribunal-cum-I Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, the claimant has filed the present appeal.

2. Heard Sri Mirza Safiulla Baig, learned counsel for the claimant and Sri S. Agastya Sharma, learned counsel for the respondent No.2/Insurance company.

3. The claim petition was filed seeking compensation of an amount of Rs.2,00,000/- on account of the injuries suffered by the claimant in the motor vehicle accident and the Tribunal has granted compensation of Rs.42,000/- with interest @7.5% per annum from the date of petition till the date of realization.

4. The manner in which the accident had taken place and the injuries are not disputed by either of the parties.

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5. The claimant while he was driving the motor vehicle, the offending vehicle, which is the Tata Indica Car drove in a rash and negligent manner and hit a two wheeler with high speed, resulting the claimant fell down and sustained injuries. The injuries are fracture to both bones of left leg, cut injury over left leg and other injuries all over the body.

6. The learned Tribunal directed the owner of the vehicle to pay the compensation of Rs.42,000/- on the ground that the driver of the Tata Indica Car was not holding commercial license to drive the transport vehicle but had license to drive the non transport vehicle. The said issue has been settled by Hon’ble Apex Court in Mukund Devgan vs Oriental Insurance Company 1 , in which case, the Hon’ble Apex Court held that the even if a person holding a non transport driving license and drives transport vehicle, that itself would not entail exoneration of the Insurance Company from paying compensation.

1 (2017 )14 SCC 663

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7. The learned Tribunal has granted only Rs.6,000/- towards loss of income, Rs.8000/- towards pain and sufferings, Rs.1,000/-

towards attendant charges and Rs.27,000/- towards medical treatment and extra nourishment. Hence, on account of the injuries received by the claimant, this Court deems it appropriate to grant compensation as under.

8. In the light of the above discussion, the claimant is entitled for the following compensation under different heads:

Head Compensation awarded (1) Fracture injuries Rs.60,000 (2) Medical Treatment Rs.27,000 (3) Pain and Sufferings Rs.25,000 (4) Attendant charges Rs.10,000 (5) Loss of amenities Rs.15,000 (6) Loss of pay Rs.20,000 (7) Transport charges Rs.10,000 Total compensation awarded Rs.1,67,000/-

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9. In the result, Motor Accident Miscellaneous Appeal of the claimant is partly allowed enhancing the compensation amount awarded by the Tribunal from Rs.42,000/- to Rs.1,67,000/- as hereunder:

(a) The enhanced amount shall carry interest at 7.5% p.a.

from the date of petition till the date of realization

(b) The respondent Nos.1 and 2 shall deposit the amount within a period of (8) weeks from the date of receipt of copy of judgment. On such deposit, claimant is permitted to withdraw entire amount without furnishing any security.