Smt. Avula Ramulamma Vs Bhonagiri Yadaiah and Another

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134441

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IN THE HIGH^{COURTFORTHE STATEOF TELANG} AT HYDERABAD

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THURSDAY, THE FOURTEENTH^{DAY OF AUGUST} TWO THOUSAND AND^TWENTYFIVE

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PRESENT

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THE HON'BLE SMT.^{JUSTICETIRUMALA DEVI EADA}

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M.A. .M.A.No: OF 1

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Appeal under section^{'173 of MotorVehicles Act against the order and Decree} made in M.V.O P.No.1765^{0f 2013 daled10-12-20200n the file of the court of the} Chairnran Motor^{Accident Claims Tribunal-cum-XAdditional Chief Judge, City Civil} Court, Hyderabad.

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Between:

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Srnt. Avula Ramulamma,^{Wo Ramulu}

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...Petitioner

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AN D

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,| Bhonagiri Yadaiah. S/o^Naraiah 2 lclcl L-ombard General^{lnsurancecompanyLtd., Rep by its Manager(Legal),} 3;d Floor, Osman^{PlazaNear Nagarjuna Circle, Punjagutta X Roads'} HYderabad

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"'Respondents

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Counsel for the Appellant:^{Sri P. Chandra Mouli}

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Counsel for the Respondent^{No.2: Sri K. AjayKumar}

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The Court delivered^{the following: JUDGMENT}

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THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA

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.A c. o F

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J NT

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This appeal is filed by the claimant, aggrieved by the Order and Decree dated 10.12.2020 in M.V.O.p.No..t765 of 2Ol3passed by the Cherirman, Motor Accident Claims Tribunal_cum_ X Additional Chief Judgc,, City Civil Court, Hyderabad (for short .the Tribunal,,).

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2- For convenience and crarity, the parties herein are referred to as they werr3 arrayed before the Tribunal.

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The c:ase of the petitioner before the Tribunal is that on 27.03.2013 at about 10:00 hours, white the petitioner_Avula Ramulamma was crossing the road leading to Saroornagar from Dilsukhnagar by walk, a person coming on Honda Activa bearing No.Ap-298e.g762 has driven it at a high speect in a rash and negligent manner, lost control over it and dashed the petitioner as a result the petitioner fell down and sustained grievous injuries. lmmediately, she was shifted to Sai Sanjeevani Hospital for treatment. She incurred huge medical expenditure. Thus, she claimed a compensation of rs.5,00,000/_

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The respondent No.1 remained ex_parte.

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ETD,J MACMA^No.255-2021

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The respondent No.2^{has filed counter denyingthe averments} of the petition with regard^{to the occurrence of the accident,age'} avocation and income^{of the petitioner. lt is further contended that} the rider of the bike did^{not possess valid driving license and that} their company is not^{liableto pay any compensation'}

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Based on the above^{pleadings,the Tribunalhas framedthe}

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following issues for consideration:-

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"7. Whether the^{pteaded accident on 27'03'2013at about10:00} nours'-iai iccurred^{due to tle rgsl a.nd neglig.entdriving of the}

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ariner if iri"^{vehiclei.e., HondaActivaVehiclebearingNo'AP-} zg_a1lbiaz^{ind whetherthe petitioner receivediniuries in the} said accident?

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Whether the^{petitioner is entitled for compensationand, if so, to} *noi'iriiii and^{whether crimevehiclewasownedby} ,""po,t"ni-io.t^{anains,ured with respondent No-2 and whatis} the tiabtilttY^{of the resPondents?}

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To what relief?"

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To prove her case,^{the claimant got examinedPWs'1 to 4 and} Exs.A1 to 46 were marked.^{on behalf of the respondents, RW1 was} examined and Exs.B1^{to 85 were marked'}

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Based on the^{evidence on record, the Tribunal has awarded} compensation of Rs.1,13,000/-.^{Aggrievedby the same, the claimant} had preferred the Present^aPPeal'

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g. Heard the submissions^{of Sri P. chandramouli,learned} counsd/ for the appellant^{and Sri N. Sheshidhar, learnedcounsel}

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ETD,J MACMA No.266 2021

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representing Sri Kondadi Ajay Kumar, learned counsel for respondent No.2.

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Learred counsel for the appellant has submitted that the petitioner s,uffered a lot due to the injuries sustained by her in the accident, but the tribunal has granted a meager amount of compensaton of Rs.1,13,000/-. He argued that the disability certificate is not considered by the tribunal while the petitioner has sustained 30% disability due to the fracture of ankle, but the same is not taken into consideration, while awarding compensation. He further argued that the age of the petitioner is only 40 years, while the tribunal has considered her age to be 48 years which is not proper. He submitted that though the disability certificate disclosed 30% disability, the petitioner being a labourer cannot work anymore with her fractured ankle and thus has prayed to award 1007o functional disability. He further has submitted that the tribunal has awarded meager amount under the heads pain and suffering, incidental e.(penses and loss of earnings. He therefore, prayed to enhance th€ compensation.

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Learn,-.d counsel for the respondents on the other hand has submitted that the petitioner underwent treatment only for three days and that there is no particular procedure that was followed by the poctor while issuing the disability certificate, it is not issued by the

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ETD,, MACMA No.266 2021

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District Medical Board, but it is issued by a Private doclor. Hence has prayed not to consider the same. He further submitted that no income proof was filed by the petitioner and hence the tribunal has rightly assessed the income to be Rs.6,000/- per month and has prayed to uphold the same.

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ln view of the above rival contentions, the points that arise for

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consideration in this Appeal are as follows:-

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1 Whether the claimant is entitled to enhancement of compensation?

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2 Whether the Order and Decree of the Tibunal need any inteierance ?

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1. To what relief ?

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Point No.1 :-

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a) The claimant is aggrieved by the quantum of compensation

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granted by the tribunal. lt is her case that she sustained grievous injuries and suffered a lot due to the accident, but the tribunal has awarded a very meager amount towards compensation. ln support of her case, she got examined PWs 2 & 4.

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b) PW2lDr.S. Anjaiah who is an Orthopedic Surgeon at^Sai Sanjeevani Hospital, he deposed that the^petitioner sustained following injuries in an accident i.e., 1) Head injury with temporopartial region haematoma, 2) Blunt injury abdomen with intoperteneal free fluid minimal (Hemoperitonium), 3) Fracture medial

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ETD,I MACMA No.265 2021

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malleolus^(rt)'ankle, 4)^{Blunt injury chest with bilminimalproximal} pleural efforia and that he treated the^{petitioner as inpatient from} 27 .03.2013 to 29.03.2013 with an^{advice for follow up treatment. He} deposed that the^{petitioner would sufferstiffnessof anklejoint and} that she would have difficulty in^{prolonged walking and standing.} Ex.A3 and 46 are issued by their hospital^{and that the medicines are} purchased as per his advice.

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c) PW3 is a Billing Manager of Sai^{Sanjeevani Hospital. ltis} elicited from^,rim that the^{petitioner paid the inpatient bill and also} incurred expenditure towards^purchase of^{medicines and the total bill} was to an am,funt of Rs.,34,8411.

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d) PW4/D'. Soolapani who issued the^{disabilityCertificate. ln his} cross examination it is elicited^{that he has not treated the patientat} any point of time and that he is^{not a member of the district medical} board, therefore, the same cannot^{be relied upon.A perusal of Ex.A3} reveals that the^petitioner sustained^{four injuriesas statedby PW2 in} his evidence. Ex.A4 is the^{discharge summaryof Sai Sanjeevani} Hospital distlosing her inpatient^{treatment 'from 27.03.2013to} 29.03.2013. lt also further reveals the^{details of the treatment} underwent b1,the petitioner. Ex.AS is the Final Bill^{for Rs.24,900/-} and apart from it several other bills for purchase of medicines are enclosed. lt is also elicited from PW3 that they have collected an \rg

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ETL. MACMA No.266-2021

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amountofRs.34,841/-towardsthemedicalexpenditurefromthe petitioner. Therefore,^{basedon the evidence on record i'e'' the} evidence^{of PW2and 3 and also consideringthe Exs'A3 to A5' it is} held that the^{petltioner must have taken inpatienttreatmentat Sai} Sanjeevani^{Hospital.She sustainedfour grievous injuries and must} have suffered^{acute pain and during the period of recovery'} Therefore,anamountofRs'50,000/-isgrantedtowardspainand suffering to^the Petitioner.

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e) With^{regardto the medical bills Rs 34'841 is awarded'The} petitioner must have^{taken about a period of 3 months to recover} from the said^{fractures. Though she underwenttreatment for three} days, the^{fractureinjurieswouldtake some time to heal' the} petitioner to^{gainnormalcy,it would takearoundthree monthsto} recover. Therefore^{consideringthe said period of recovery' an} amount of^{Rs-10,000/-towards extra-nourishment' Rs'10'000/-} towards^{transportation, Rs.10,000/-towards attendant chargesand} Rs.10,000/-^{towards incidental expensesis granted.Thus, a total} amount of^{Rs.74,841/-ie', (40,000/- + 34'841) is awarded under the} heads^{"medical expenses, transportation' extra-nourishmentand} attendant^{charges and other incidental expenses'}

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0 The^{petitioner assertedthat she used to work as a labourer'} No^{proof can be expectedin this regard'} 4,--

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4,--

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ETD,J MAcMA No.266_2021

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S)^{ln Jetyarani} & Another Vs. The Manager Bajaj Allianz General;l the Apex Court has held that, in case of a mason, no documentary evidence can be expected. However, taking into consideratic,n the avocation of the deceased and the year of the accident beng 2013, the monthly income of the deceased could be reckoned a: Rs.9,000/- and has also added future prospects. ln case of a labourer who is a lady, Rs.g,000/- was taken as earnings and the petit:ioner herein is also a 4O-year-old lady as per the charge sheeUA2 and FIR/Ex.A1 and as per the medical certificate. Considering her age and ability to work, Rs.9,000/- per month is assessed. Therefore, loss of earnings for three months comes to a total of Rs.2,7,000/- i.e., (Rs.9,000 x 3).

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h) No anrount towards disability is awarded as the petitioner failed to prc,ve that she sustained any disability in the accident. Though PW2t says that there would be stiffness in ankle, he has not deposed witl' regard to the disability.

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i) PW4 deposed about the disability and issued disabitity certificate, but he has not even treated the petitioner. Hence, the same is not r:onsidered.

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' Civil Appeal Nos.43tO-43 of2023

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ETr,.. MACMA No.265-2021 8

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j) Therefore, the compensation to which the^{petitioner is entitled} is calculated as Rs.1,51 ,8411- while the^{Tribunalhas granted} Rs.1,12,841t- Thus, it is held that the^{petitioner is entitledfor} enhancement of compensation.^{Hence, point No.1 is answered} accordingly

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Point No.2:-

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ln view of the finding arrived at Point^{No.1, it is held that the} order and decree of the Tribunal^{need to be modified with regard to} the quantum' of compensation. This Court^{has enhanced the} compensation to Rs.1 ,51,841/-^{from that of Rs. 1,12,841/- that is} awarded by the Tribunal.

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Point No.2 is answered accordingly

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Point No.3:-

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ln the result, M.A.C.M.A filed by the^{claimant is partlyallowed,} Order and Decree dated 10.12.2020^{in tVl.V.O.P.No.1765 of 2013} passed by the Chairman, Motor Accident Claims^{Tribunal-cum-X} Additional Chief Judge, City Civil Court,^{Hyderabad,enhancing the} compensation from Rs.1,12,8411- to^{1,51,841/- and the enhanced} amount of compensation shall carry interesl @^{7.5o/o per annum} frenr{he date of claim^petition till realization.^{However, the interest} for the period of delay, if any, is forfeited. The^{respondentsare}

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ETD,J MACMA No.266_2021

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directed to deposit the compensation amount with accrued interest

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within a perriod of two months from the date of receipt of a copy of this Judgment after deducting the amount if any already deposited. On such deposit, the appellant is entitled to withdraw the said

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amount without furnishing any security. No costs.

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Misc,=llaneous petitions, pending if any, in this appeal, shall

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stand closed.

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Sd/. M. JAWAHAR^REDDY STANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Cha rman Motor^{Accident Claims Tribunal-cu} City Civil Court, HYderabad.

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One CC .o Sri P^{ChandraMouli,Advocate} [OPUC]

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Additional Chief Judge,

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One CC':o Sri^{K. AlayKumar,Advocate} [OPUCI 4 Two CD '3oPies

ASikar,:

ila_

HIGH COURT

DATED: 1 4^10812025

JUDGMENT

1HE S
Y
() / ',.c l2i
* *

MACMA.No.266 ot 2021

PARTLY ALLOWED

Ks Dla.l>e

134441

tN THE HIGH^{COURTFORTHE STATE OF TELANGANA} AT HYDERABAD

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THURSDAY,^{THE FOURTEENTHDAY OF AUGUST} TWO THOUSAND AND^TWENTYFIVE

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PRESENT

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THE HON'BLE SMT. JUSTICE^{TTRUMALADEVI EADA}

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M.A.C.M.A.No: 266 OF²⁰²¹

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Between:

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Smt. Avula Ramulamma, Wo^Ramulu

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...Petitioner

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AN D

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1 Bhonagiri Yadaiah, S/o^Naraiah 2 lClCl Lombard General^{lnsurance Company Ltd., Rep by its Manager(Legal),} 3'd Floor,^. Osman Plaza^{Near Nagarjuna Circle,Punjagutta X Roads,} HYderabad

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..Respondents

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Appeal under Section 173 of^{l/otor Vehicles Act against the order and Decree} made in M.V.O.P,No.1765 of^{2013 dated 10-12-2020on the file of the Courtof the} Chairman Motor Accident^{Claims Tribunal-cum-XAdditional Chief Judge, CityCivil} Court, Hyderabad.

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This appeal coming on for^{hearingand upon perusingthe groundsof} appeal, the^judgment and^{Decreeof the Lower Court and the material papers in} the case and upon hearing^{the argument of Sri P. ChandratVlouli,Advocatefor the} Appellant and Sri K. Ajay^{Kumar, Advocate for the RespondentNo.2.}

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This Court doth Order and^{Decree as follows:}

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l. That the Motor Accident^{Civil MiscellaneousAppeal filed by the claimant be} and hereby is^{partlyallowed order and decreedated10-12-2020in} M.V.O.p.No.1765 of 2013^{passed by the Chairman, Motor AccidentClaims} Tribunal-cum-X Adclitional^{ChiefJudge,City Civil Court,Hyderabad,} enhancing the compensation^{from RsJ,12,8411-to 1,51,8411-and the} enhanced amount of^{compensationshall carry interest} @^{7.5%per annum} from the date of claim^{petition till realization;}

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That the interest for^{the period of delay, if any is forfeited;}

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That the respondents^{are directed to depositthe compensationamount with} accrued interest within^{a period of two monthsfrom the date of receipt of a} copyoftlrisJudgmentafterdeductingtheamountifanyalreadydeposited;

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