The Tribunal enhanced the compensation awarded to an appellant who suffered leg injuries in a motor accident, granting specific amounts for pain and suffering and medical expenses in addition to disability compensation.
Compensation enhanced to Rs. 1,00,000/- by adding Rs. 25,000/- for pain and suffering and Rs. 12,000/- for medical expenses.
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THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO
M.A.C.M.A.No.1381 of 2011
JUDGMENT:
Heard.
2. The appeal is filed by the claimant in O.P.No.1062 of 1998 on the file of the Motor Vehicle Accidents Claims Tribunal-cum-II Additional Judge, Guntur, being not satisfied with the grant of compensation.
3. The case of the petitioner is that on 05.01.1996 when the petitioner was going in the lorry bearing No.AP 7 U 4539 from Narsaraopet to Madras, near Doravari Satram of Nellore District, another lorry bearing No.AP 7V 1519 came in opposite direction in a rash and negligent manner and hit the lorry, as a result of which, the petitioner received multiple injuries. The owner of the vehicle and the insurance company of both the vehicles were added as parties. They have disputed the inter say liability and also put the blame on the driver of the opposite vehicle. On behalf of the petitioners, PWs.1 and 2 were examined and marked Exs.A.1 to A.3. No evidence is adduced on behalf of any of the respondents. The lower Tribunal after considering the evidence held respondents 2 and 5 only are jointly and severally liable to pay the compensation of Rs.63,000/- to the petitioner since the 5th respondent is said to be the owner of the vehicle, which caused the incident.
4. The learned counsel for the petitioner claims that the lower Tribunal has not properly arrived at the determination of the compensation. According to him, he suffered 35% disability and the lower Tribunal has not granted any amount towards medical expenses
or pain and suffering for the injuries though he was hospitalised. As can be seen from the evidence of the petitioner he received fracture to both the legs and he was shifted to Government Hospital Sullurupet and from there he was shifted to Apollo hospital, Madras, where he was treated for four days. He examined PW.2, who treated him at Narsaraopet to say about the nature of the injuries and the operation conducted by him. The lower Tribunal has accepted the evidence of PW.2 about the disability of 35%.
5. Therefore, from the evidence, it is quite clear that the petitioner suffered injuries to the legs and hence a sum of Rs.25,000/- is granted towards pain and suffering. The petitioner was treated at Madras, Sullurupet and also examined by PW.2 and consequently he must have incurred expenditure for medical expenses and therefore, a sum of Rs.12,000/- is granted towards medical expenses. The award of the lower Tribunal is enhanced to Rs.1,00,000/-.
6. With the above modification, the Civil Miscellaneous Appeal is allowed in part. Each party shall bear their own costs.
N.R.L.NAGESWARA RAO,J
Date: 12.07.2011 INL
2 issues framed by the court
Whether the compensation awarded by the lower Tribunal was adequate for the petitioner's injuries including disability.
Whether the lower Tribunal erred in not granting separate amounts for pain and suffering and medical expenses.
Claimant (Petitioner)
Owner of Vehicle AP 7V 1519/Insurance Company
N.R.L. NAGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
