In this Motor Vehicles Act appeal, the court enhanced the compensation awarded to a petitioner injured in a road accident from Rs.37,500 to Rs.91,000, including amounts for injuries, loss of earnings, and other heads, with 7.5% annual interest on the enhanced portion.
Compensation enhanced to Rs.91,000; interest at 7.5% per annum granted on the enhanced amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE A. SHANKAR NARAYANA
M.A.C.M.A. No.1884 of 2009
JUDGMENT :
This Civil Miscellaneous Appeal, under Section 173 of the Motor Vehicles Act, 1988 (for brevity “the Act”), is preferred by the appellant – petitioner, aggrieved by the order and decree dated 12.03.2009, passed in O.P.No.1698 of 2003 by the Chairman, Motor Accidents Claims Tribunal (VII Additional District Judge) (FTC), Bodhan, Nizamabad District (for brevity “the Tribunal”), whereby and whereunder a sum of Rs.37,500/- was awarded towards compensation with interest at 7.5% per annum, as against the claim of Rs.3,00,000/made under Section 166 (1)(a) of the Act, r/w. A.P. Motor Vehicle Rules, 1989, towards the injuries sustained by her in a road accident that occurred on 02.11.2003, at about 9.00 p.m., seeking enhancement of compensation.
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respondent Nos.1 and 2, who are owner and insurer, respectively, none appears for them.
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Tribunal is on lower side and, therefore, the same is enhanced to Rs.25,000/-. As against the amount of Rs.5,000/- each granted towards injury Nos.2 to 4, the same is enhanced to Rs.10,000/- each. As regards the amount of Rs.5,000/- granted towards pain and suffering and extranourishment, while enhancing the same to Rs.10,000/towards pain and suffering only; a further sum of Rs.5,000/is grated, separately, towards extra-nourishment. As against the amount of Rs.3,000/- granted for injury Nos.5 and 6, which are simple in nature, the same is enhanced to Rs.6,000/-. While maintaining the amount of Rs.2,000/granted towards medicines, the amount of Rs.2,000/- granted towards attendant charges is enhanced to Rs.4,000/-. No amount is awarded by the Tribunal towards temporary loss of
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earnings, however, since the fracture is one to the lower limbs, keeping in view that the petitioner could not have been able to attend to his pursuits normally, atleast for a period of six months, a sum of Rs.9,000/- is awarded towards that head. Thus, the petitioner is entitled to a total compensation of Rs.91,000/- (Rs.25,000/- + Rs.30,000/- + Rs.10,000/- + Rs.5,000/- + Rs.6,000/- + Rs.2,000/- + Rs.4,000/- + Rs.9,000/- = Rs.91,000/-) as against the compensation of Rs.37,500/- granted by the Tribunal. The enhanced amount of Rs.53,500/- (Rs.91,000/- - Rs.37,500/- = Rs.53,500/-) also shall carry interest @ 7.5% per annum, as was awarded by the Tribunal on the compensation granted by it, in view of the decision of the Hon’ble Supreme Court in Rajesh and others v. Rajbir Singh and others1 .
23.09.2016. Msr
1 2013 ACJ 1403
___________________________________ JUSTICE A. SHANKAR NARAYANA
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MACMA.No.1884 of 2009
HON’BLE SRI JUSTICE A. SHANKAR NARAYANA
M.A.C.M.A. No.1884 of 2009
23.09.2016 Msr
2 issues framed by the court
Whether the compensation awarded by the Motor Accidents Claims Tribunal was on the lower side and requires enhancement.
Whether interest should be awarded on the enhanced amount of compensation.
Colour shows how this judgement treated each authority
Rajesh and others v. Rajbir Singh and othersExplained¶26
Rajesh and others v. Rajbir Singh and others, 2013 ACJ 1403
1 provisions across 1 enactments
Appellant - Petitioner
National Insurance Company Limited
A. Shankar Narayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
