This single-appellate-judge judgment enhanced the compensation awarded by the Tribunal in a motor accident claim from Rs.99,000 to Rs.1,49,000 due to grievous head injuries sustained by a minor, allowing the appeal in part.
Enhanced compensation awarded from Rs.99,000 to Rs.1,49,000 with interest at 7.5% per annum.
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.
THE HON’BLE Dr . JUSTI CE SHAMEEM AKTHER
M.A.C.M.A.No.2 7 6 0 of 2 0 0 5
JUDGMENT:
Aggrieved by the grant of compensation of Rs.99,000/ - as against a claim of Rs.2,00,000/ - by the Chairman, Motor Accident Claims Tribunal-cum-V Additional District Judge (FTC), Ranga Reddy District at L.B.Nagar, Hyderabad (‘the Tribunal’ for brevity), vide order, dated 07.06.2005, passed in M.V.O.P.No.185 of 2002, the claimant preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (‘the Act’, for brevity) seeking enhancement of compensation.
2 . Heard the learned counsel for the appellant-claimant and perused the record. Despite listing this matter under the caption “For Orders”, there is no representation for the 2nd respondent/ Insurance company. This appeal is of the year 2005. Hence, this appeal can be disposed of on merits, basing on the material available on record, without waiting for the learned Standing Counsel for the 2nd respondent/ Insurance Company to advance arguments.
3 . The learned counsel for the appellant-claimant would contend that though the appellant-claimant sustained a grievous head injury, injury to hip joint and other injuries all over the body in the subject accident occurred on 06.12.2001, the Tribunal granted a meagre compensation of Rs.33,000/ - towards injuries. The appellant-claimant was a 14 years boy as on the date of the subject accident and the injuries suffered by him in
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the subject accident would affect his future earning capabilities. The Tribunal granted meagre compensation under different heads and ultimately prayed to enhance the compensation as claimed.
4 . In view of the above submissions, the only point that arises for consideration in this appeal is whether the appellantclaimant is entitled for enhancement of compensation as claimed.
5 . As per the material on record, the appellant-claimant sustained injuries in the subject accident occurred on 06.12.2001, due to rash and negligent driving of the rider of the motorcycle bearing registration No.AP-28-AB-1554. P.W.3Dr.Satyanarayana, who treated the appellant-claimant, deposed in support of the appellant-claimant. He stated that the appellant-claimant was admitted in Yashoda Hospital, Malakpet on 06.12.2001 with head injury, fracture to right parietal bone with extra Haematoma; the appellant-claimant underwent a major operation on the same day for evacuation of Haematoma and was discharged on 13.12.2001; the appellant-claimant was kept in I.C.U. for four days; and he was advised complete bed rest for two months after discharge. As per Ex.A.4-Injury certificate, the appellant-claimant sustained the following injuries in the subject accident.
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6 . In Ex.A.5-C.T.Scan report, dated 06.12.2001, the following
abnormalities were noted:
Fr act u r e on r igh t par iet al bon e w as sligh t ly ex t en din g in t o t h e t em por al bon e. Th er e is 6 0 x 4 .5 x 1 .1 cm w ell defin ed bicon v ex h y per -den se ex t r a ax ial collect ion seen in r igh t par iet al r egion . Few sm all air pock et s ar e seen . Su lcal spaces ar e effaced on r igh t side. Righ t body of lat er al ven t r icle is m ildly com pr essed. Th er e is a sm all w ell defin ed h y per - den se focu s in r igh t h igh par iet al r egion . Fr act u r e r igh t par iet al bon e w it h m oder at e ex t r a-du r al Haem at om a an d m ild m ass effect . Sm all Haem or r h age – r igh t h igh par iet al lobe. Min im al pn eu m oceph alu s.
Considering the injuries suffered by the appellant-claimant and the treatment taken by him, the Tribunal granted an amount of Rs.30,000/ - for two grievous injuries, Rs.3,000/ - for multiple abrasions over right shoulder and right knee including pain, suffering, mental agony, inconvenience and discomfort caused, Rs.60,700/ - towards medicines and treatment, Rs.2,000/ - towards transportation charges, RS.2,000/ - towards extranourishment, Rs.1,300/ - towards attendant charges. In all, the Tribunal granted a compensation of Rs.99,000/ - with interest @ 9% per annum from the date of petition till realisation in favour of the appellant-claimant. 7 . The appellant-claimant was a 14 years boy studying IX Standard as on the date of the subject accident. He suffered a grievous head injury and underwent a surgery to his head. He was kept in ICU for some time and was advised to take complete bed rest for two months after discharge from the hospital. All these events would have certainly caused some disturbance to his academics. Considering the same, this Court is inclined to grant another Rs.50,000/ - in addition to the compensation of
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Rs.99,000/ - granted by the Tribunal in favour of the appellantclaimant. In all, the appellant-claimant is entitled for a compensation of Rs.1,49,000/ - (Rs.99,000/ - + Rs.50,000/ -). The Tribunal granted interest @ 9% per annum from the date of petition till realisation on the amount granted as compensation. This Court is inclined to grant interest @ 7.5% per annum on the enhanced amount of compensation from the date of petition till realisation.
8 . Accordingly, this appeal is allowed in part, modifying the order, dated 07.06.2005, passed in O.P.No.185 of 2002, by the Tribunal, enhancing the compensation from Rs.99,000/ - to Rs.1,49,000/ - with interest at the rate of 7.5% per annum on the enhanced amount of compensation from the date of petition till realisation. On deposit of the enhanced amount of compensation, the appellant-claimant is permitted to withdraw the same along with interest accrued thereon. Other terms of the Order under challenge remain unaltered. No costs.
Pending miscellaneous petitions, if any, shall stand closed.
____________________ Dr . SHAMEEM AKTHER, J
10th October, 2018 Bvv
2 issues framed by the court
Whether the appellant-claimant is entitled for enhancement of compensation from Rs.99,000 to Rs.1,49,000.
Whether interest on the enhanced compensation should be granted at 7.5% per annum instead of 9% per annum.
1 provisions across 1 enactments
Appellant-claimant
Chairman, Motor Accident Claims Tribunal-cum-V Additional District Judge (FTC), Ranga Reddy District
Insurance company
SHAMEEM AKTHER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
