THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY MACMA No.35 of 2019

JUDGMENT:

This appeal is filed by the appellant-claimant,aggrieved by the awarddated 31.01.2018 passed in M.V.O.P.No.874 of 2011by the Chairman, Motor Vehicles Accidents Claims Tribunal–cum–XIV Additional District & Sessions Judge, Ranga Reddy District at L.B.Nagar (for short “the Tribunal”), whereby the Tribunal awarded compensation of Rs.7,36,827/- as against the claim of Rs.20,00,000/-.

2. The brief facts of the case are that on 21.05.2011 at about 4:30 pm., the appellant, an 8-year-old school-going boy, along with his family members, were proceeding by car from Chevella to Manneguda to attend a function and when they stopped the car near Aluru Village Gate, on the left side of the road to purchase vegetables, an RTC bus bearing No. AP-11Z-1980, driven in a rash and negligent manner, came from the opposite direction and ran over both legs of the minor appellant, causing devastating crush injuries. It is stated that the appellant was immediately shifted to Olive Hospital, Mehdipatnam, where he underwent emergency surgeries including below-knee amputation of the right lower limb, debridement, fixation of metatarsals, and skin grafting to the left foot and leg. He remained as an inpatient from 21.05.2011 to

31.05.2011, and treatment continued even thereafter. Stating that the appellant suffered permanent disability of 70%, as certified by the competent Medical Board and his father incurred more than Rs.4,36,827/- towards medical treatment, he filed the aforesaid O.P. against the respondent-corporation, initially claiming compensation of Rs.10,00,000/- and later sought amendment of main petition by increasing total claim amount from Rs.10,00,000/- to Rs.20,00,000/- for the injuries sustained by him.

3. Before the Tribunal, the respondent-corporation filed counter denying the averments of the claim petition and contended that the amount claimed is excessive and prayed to dismiss the claim petition. The Tribunal, on appreciation both oral and documentary evidence, came to the conclusion that the accident occurred due to the rash and negligent driving of the RTC driver and awarded a total compensation of Rs.7,36,827/- as against the claim of Rs.20,00,000/-. Dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant-claimant filed the present appeal.

4. Learned counsel for the appellant vehemently contended that the Tribunal failed to award compensation under essential heads such as attendant charges, transport, disfiguration and loss of amenities; the minor suffered amputation at a tender age of 8 years, depriving him of childhood pleasures and shaping his future with lifelong suffering; the compensation awarded towards disability at Rs.2,00,000/- is grossly inadequate; the Tribunal also failed to consider future prospects and psychological trauma; and as such the learned counsel seeks enhancement of the compensation granted by the Tribunal.

5. Learned Standing Counsel appearing the respondent- corporation supported the impugned award passed by the Tribunal and contended that the compensation was just and reasonable.

6. Considered the submissions of the learned counsel for the parties and perused the record.

7. The only point that arises for consideration in this appeal is “whether the compensation awarded by the Tribunal is just and reasonable, and if not, whether it requires enhancement?”

8. On re-appreciation of the evidence of PW-1, PW-2 (Doctor), medical records, disability certificate, and the circumstances of the accident, this Court is of the opinion that the compensation awarded by the Tribunal is on the lower side. Considering the nature of injuries, period of treatment, disability suffered, pain endured, and long-term functional limitations, this Court finds that the overall compensation requires enhancement to meet the ends of justice. Thus, in addition to what has already been awarded by the Tribunal, this Court deems it appropriate to e