Andhra Pradesh High Court - Amravati
The Oriental Ins Co Ltd., Eluru, ... vs Sunkara Vijay, Narsapur Jcjc on 13 July, 2022
Author: B.Krishna Mohan
Bench: B.Krishna Mohan
HON'BLE SRI JUSTICE B.KRISHNA MOHAN
M.A.C.M.A.No.3175 OF 2016
JUDGMENT :
Heard the learned counsel for the appellant and the learned counsel for the respondents/claimants.
2. This appeal arises against the Award in M.V.O.P.No.93 of 2014 on the file of Motor Vehicle Accidents Claims Tribunal-Cum- VIII-Additional District Judge, West Godavari, Eluru, dated 09.08.2016.
3. The appellant herein is the 2nd respondent in the M.V.O.P. before the Tribunal below and the respondent No.1 is the claimant/sole petitioner in the M.V.O.P. before the Tribunal below. The respondent No.2 is the respondent No.1 in the M.V.O.P. before the Tribunal below who is the Driver-cum-Owner of a Tractor and Trailer bearing No.AP 37 T 6568 and AP 7Y 3075. The respondents No.3 to 5 are added as Legal Representatives of the deceased 1st respondent herein/the sole petitioner in the M.V.O.P.
4. The respondent No.1/the petitioner (deceased now) filed the above said M.V.O.P. No.93 of 2014 before the Tribunal below claiming compensation for a sum of Rs.25,00,000/- under Section 166 of the Motor Vehicles Act and Rules made there under for the 2 injuries sustained by him in the accident occurred on 17.03.2013 at about 10:30 P.M.
5. The case of the petitioner before the Tribunal below is that he is a motorcycle mechanic and used to earn more than Rs.10,000/- per month and he is the sole bread winner of his family consisting of his wife, two children and the mother. On 17.03.2013 at about 07:30 PM, the petitioner along with his friend Jetti Durga Prasad started from Narasapur on the motorcycle bearing registration No.AP 37 AJ 8106 and it was driven by his friend Durga Prasad and he sat as a pillion rider. After completing their work at Tatipaka village, when they reached Chinchinada bridge at 10:30 PM there was one tractor-cum-trailer bearing registration No. AP37T 6568 and AP7Y 3075 stationed by the 1st respondent without showing indicators of parking lights with a load of casurina sticks which stretched beyond the trailer. As the stationed tractor and trailer was not visible in the darkness, the friend of the petitioner could not notice the same, due to which casurina sticks and bamboos lightly pierced into chest and cheeks of the friend of the petitioner and one bamboo stick pierced into the head of the petitioner causing severe damage to his brain. Both of them fell down and they were shifted to Emergency Hospital, Palakol. Thereafter he was shifted to Varma Hospital, Bhimavaram and from there to Vijaya Super Specialty Hospital, 3 Vijayawada on 18.03.2013 at 5:00 AM, wherein he was treated as an inpatient and got discharged from the hospital on 30.04.2013. As there was a hole caused to the esophagus (neck region) of the petitioner, the doctor inserted Peg tube to his left side of the stomach to give feeding. Then, on the advice of the doctors, the petitioner was admitted in Vamsi Physiotherapy Center, Narasapur, where he underwent Physiotherapy from 02.05.2013 to 14.05.2013. Again he was admitted in Vijaya Super Specialty Hospital, Vijayawada on 14.05.2013 as he developed infection around the peg tube, he remained there in the hospital till 19.05.2013. Then, on the advice of the doctors, again the petitioner was admitted in Vamsi Physiotherapy Center at Narsapur on 25.05.2013 where he was given therapy till 15.06.2013. Thereafter, the petitioner was taken to Rajiv Hospitals, Palakol and he was treated in the said hospital from 10.08.2013 to 26.08.2013 and Dr.Atyam Rajiv administered blood and gave treatment to subside the infection. In the meanwhile, infection developed to his brain. Then, the petitioner was taken to G.L.S. General Hospital and medical college, Rajahmundry and he was in the hospital from 10.11.2013 to 16.11.2013 and where the doctor conducted surgery by implanting ventricular peritoneal stunt. The petitioner used the drugs as prescribed by the doctors at his native place, Narasapur and he was not in a position to move from the bed and he became immobilized. The doctors advised the petitioner to continue 4 physiotherapy and that the chance of recovery is remote. While undergoing physiotherapy, the left hand elbow bone of the petitioner got fractured on 14.01.2014. The fracture has not been cured due to multiple ailments and the infection has been intensified leading to frequent blood vomiting. The medical board issued certificate assessing disability of the petitioner as 85% though it is more than that. The family members of the petitioner spent nearly 15 lakhs towards treatment, surgeries, medicines, hospital expenses etc. The friend of the petitioner Jetti Durga Prasad gave a report, basing upon the same, a case in crime No.84/2013 was registered under Sections 337 and 338 IPC. Hence, the petitioner therein filed the above said M.V.O.P., seeking compensation against the Insurance Company specifically. The matter was contested by the respondent insurance company.
On consideration of the matter on merits, the Tribunal below examined PW1 to PW5 and marked Exs.A1 to A16 along with Exs.X1 to X4 for the petitioner and on behalf of the 2nd respondent/Insurance Company, RW1 was examined and Exs.B1 and B2 were marked. Accordingly, the Tribunal below awarded compensation of Rs.18,28,877/- under the following heads with interest at the rate of 7.5% per annum.
1. Loss of amenities in life - Rs.2,00,000/-
2. Permanent disability - Rs.5,96,700/-
3. Medical expenditure - Rs.5,01,177/-
4. Future Medical expenditure - Rs. 50,000/-
5. Pain and suffering - Rs.3,00,000/-
5
6. Transportion charges - Rs. 45,000/-
7. Extra nourishment - Rs. 36,000/-
8. Loss of earnings - Rs. 1,00,000/-
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Total - Rs.18,28,877/-
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6. Now that during the course of the appeal, the sole petitioner/injured also died and as such the legal representatives who are already brought on record are entitled to receive the said compensation amount from the Tribunal below.
7. This court does not find any merit in this appeal and accordingly, the appeal is dismissed confirming the award of compensation granted by the Tribunal below. The respondents/claimants are entitled to withdraw the compensation amount from the Tribunal below strictly in terms of the award passed by the Tribunal below without furnishing any security.
8. Accordingly, the Civil Miscellaneous Appeal is dismissed. No costs. Interim order of stay, if any, is deemed to have been vacated.
09. As a sequel, miscellaneous petitions, if any, pending in this case shall stand closed.
_________________________ JUSTICE B. KRISHNA MOHAN Dt.13-07-2022 Yvk