Andhra Pradesh High Court - Amravati
Korrapati Kumar Raja Choudary vs Ap State Road Transport Corporation 2 ... on 15 May, 2020
Author: M. Ganga Rao
Bench: M. Ganga Rao
HON'BLE SRI JUSTICE M. GANGA RAO
MACMA.No.1277 of 2010
JUDGMENT:
The appellant is the claimant filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the order and decree dated 03.05.2010 passed in MVOP.No.220 of 2007 by the Motor Accident Claims Tribunal-cum-Principal District Judge, Nellore, wherein and whereby the Tribunal granted compensation of Rs.7,00,000/- with interest at 9% p.a. against the claim of Rs.15,00,000/- for the injuries sustained by the appellant in the motor accident that took place on 01-09-2006 at 1.00 A.M. on Chittoor Piler road near Muthirevulu Bridge, Puthalapattu Mandal, while traveling in the APSRTC bus bearing No.AP-11-Z- 4959 head on collision bearing No.AP-04-/V-7359 filed this appeal seeking enhancement of compensation.
For the sake of convenience, the parties herein are referred as arrayed in the original claim petition filed before the Tribunal.
The petitioner claimed to be the retired Head Master of Z.P. High School, Rajupalem, Nellore District. At the time of accident, he was working as Teacher in Netaji Public School and used to get a salary of Rs.7,000/- per month. He was hale and healthy and he was aged about 63 years as on the date of accident. He along with his daughter boarded the bus bearing No.AP-11-Z-4959 at Bangalore to go to Nellore. When the bus was proceeding to Chittoor and Pileru road on 01.09.2006 at about 2.00 a.m. near Muthirevulu bridge, Puthalapattu Mandal, the accident occurred due to the head on 2 MGR, J MACMA.No.1277 of 2010 collision the bus and the lorry bearing No.AP04-V-7359 due to the negligence on the part of the driver of APSRTC bus. Due to the injuries sustained in the motor accident, he fell unconscious and went into Coma. He took treatment in the Christian Medical College Hospital, Vellore. He incurred huge amounts for his medical treatment. He received grievous injuries in the accident. FIR in Crime No.107 of 2006 of Puthalapattu Police Station, Chittoor District was registered and charge sheet was also filed before the IV Additional Judicial Magistrate of First Class, Chittoor. He claimed compensation of Rs.15,00,000/- with interest and costs against the respondents 1 to 3. The respondents 1 and 3 filed counters denying the averments of the claim petition.
Based on the pleadings, the Tribunal framed the following issues for its consideration.
1) Whether the accident occurred due to sole negligence on the part of the driver of APSRTC bus or the driver of the lorry bearing No.AP-04-V/7359?
2) Whether the petitioner is entitled to get any compensation? If so, how much amount and against which of the respondents?
3) To what relief?
During trial, the petitioner himself was examined as PW.1 and got marked Exs.A.1 to A.27 and he was cross-examined by the learned counsel for the respondents 1 and 3. The Tribunal considering the evidence of PW.1, Exs.A.1 and Ex.A.2 and based on the rough sketch of scene of offence and statements recorded by the police under Section 162 Cr.P.C. of LWs.4 to 6, the persons who were traveling in the bus, and the evidence of RW.1, the Tribunal 3 MGR, J MACMA.No.1277 of 2010 rightly came to the conclusion that the accident occurred due to the negligence of the drivers of both the vehicles involved in the accident. In spite of cross-examination by the respondents 1 and 3, nothing contrary is elicited from the witnesses. The Tribunal rightly came to the conclusion that the accident occurred due to the contributory negligence of both the vehicles, which involved in the accident and percentage of negligence was assessed at 50% each. Accordingly, Issue No.1 is answered in favour of the claimants. While considering Issue No.2, to assess the quantum of compensation payable to the petitioner, the Tribunal has taken into consideration the evidence of PW.1 and the evidence of PW.2-D.G. Ranga Prasad, PW.3-Dr. A. Paneer and PW.4-Dr. S.N. Manikandan, PW.5-Dr. P. Vijaya Krishna coupled with Exs.A.11 to A.27. The Tribunal, considered the evidence of Ex.A.3-wound certificate, which shows that on 01-09-2006 at 7.00A.M., he was brought to the Christian Medical College Hospital, Vellore and examined by Neurology Department. Ex.A.3 shows, there was 4 X 0.5cm linear laceration above the right eye brow with underlying palpable fracture and nature of injury was grievous. This document shows due to the injury sustained by the petitioner on that day night itself he was taken to Christian Medical College Hospital, Nellore and bunch of medical bills produced by him also shows that he spent considerable amount towards medical expenses. He produced medical bills which were marked as Ex.A.4, A.6 to A.8, A.12, A.13, A.19 and A.21. The total amount covered under these exhibits is Rs.5,28,245/- including physiotherapy charges. The amount covered under Ex.A.6 towards 4 MGR, J MACMA.No.1277 of 2010 transport, Ex.A.7 sister health care, the petitioner is entitled for the said amount. Under Ex.A.7, he claimed attendant charges @ Rs.3,500/- per month from December, 2006 to 2007 and at Rs.400/- from December, 2008 and at Rs.4,000/- per month from January, 2008 to April, 2008 and from October, 2008 and January, 2009. The Tribunal awarded only Rs.2,000/- per month and granted Rs.40,000/- towards attendant charges. As per Ex.A.25, the petitioner is facing frequency and urgency of urination. As far as neurological inconvenience is concerned, it is observed, ambulatory dysfunction, dizziness, imbalance, lightheadedness, memory loss, numbness, vertigo and weakness and examination constantly appears well. Vision is grossly normal in left eye only. Palpanation reveals no lymphadenopathy. As the petitioner suffered with multiple injuries in the said accident and he is facing memory loss, urinary problem etc., the Tribunal awarded a sum of Rs.77,355/- towards pain and suffering. The petitioner was aged about 63 years as on the date of the accident and when the income of the petitioner is not proved only produced Ex.A.20-certificate issued by the Netaji Pilot High School, Nellore. The Tribunal disbelieved the monthly income claimed at Rs.7,000/- per month and only granted Rs.2,000/- per month and total amount of Rs.40,000/- granted. The Tribunal ultimately granted Rs.7,00,000/- with interest at 9% p.a. from the date of petition till realization.
In the facts and circumstances of the case and the submissions of the counsel and on perusal of the entire evidence on record, this court found that the Tribunal has committed grave error 5 MGR, J MACMA.No.1277 of 2010 in disbelieving the evidence of PW.1 coupled with Ex.A.27, whereby he claimed attendant charges of Rs.3,500/- per month from December, 2006 to December, 2007 and Rs.4,000/- from January, 2008 to April, 2008 and from October, 2008 to January, 2009 without any reason. In view of non-availability of the contrary evidence on record, the evidence of PW.1 and Ex.A.27 claim for attendant charges at Rs.3,500/- per month from December 2006 to December, 2007 and at Rs.4,000/- per month from January, 2008 to April, 2008 and from October, 2008 to January, 2009 and the same could not be said to be excessive. The petitioner is really entitled for medical attendant charges as claimed, which could be assessed at Rs.34,000/- (3,500 X 12 = 42,000/- + 4,000 X 8 = 32,000 = 74,000/- (-) Rs.40,000/- (already granted towards attendant charges) = 34,000/-). The Tribunal, having considered the evidence on record, came to the conclusion that the petitioner suffered ambulatory dysfunction, dizziness, imbalance, lightheadedness, memory loss, numbness, vertigo and weakness and examination constantly appears well, vision is grossly normal in left ye only, palpanation reveals no lymphadenopathy and that he is suffering memory loss, urinary problem etc. In the circumstances, the Tribunal ought to have granted future attendant charges to the remaining life expectancy of the petitioner by taking into consideration various decision of the Supreme Court in respect of the grant of future attendant charges and future medical expenses.
On the examination of the record, this court found that the petitioner went on medical treatment for long duration as per Ex.A.27 6 MGR, J MACMA.No.1277 of 2010 and he paid attendant charges @ Rs.3,500/- to Rs.4,000/- per month. However, the Tribunal assessed Rs.2,000/- per month and granted Rs.40,000/- towards attendant charges. As per Ex.A.25, the petitioner is suffering from ambulatory dysfunction, dizziness, imbalance, lightheadedness, memory loss, numbness, vertigo and weakness and he is facing frequency and urgency of urination. He lost his amenities and the petitioner needs help of medical attendant for his living for his remaining life and life expectancy could be assessed by following the decision of the Hon'ble Supreme Court in Arun Kumar Agarwal v. National Insurance Company Limited1. The petitioner is a retired Headmaster and he was aged about 63 years at the time of accident. In the present health condition, his life expectancy could be up to 75 years, for his life amenities during his life expectance could be easily assessed as 12 years, as he is still alive. Hence, he is entitled for total medical attendant charges at Rs.4,000/- per month, which comes to Rs.48,000/- (Rs.4,000/- X 12 = Rs.48,000/-) and Rs.26,000/- for future medical expectancy related to medical problems arise out of injuries sustained in the motor vehicle accident. This court felt it appropriate to grant just compensation of Rs.6,36,000/- over and above the compensation granted by the Tribunal.
In view of the above discussion, the petitioner is entitled for compensation of Rs.6,36,000/-, in addition to the compensation already granted by the Tribunal. Hence, the appeal is partly allowed enhancing the compensation from Rs.7,00,000/- to Rs.13,36,000/- 1 (2010) 9 SCC 218 7 MGR, J MACMA.No.1277 of 2010 with 9% p.a. interest and the said amount is liable to be payable by the respondents 1 and 3 as held by the Tribunal.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
________________ M. GANGA RAO, J Date: 15-05-2020 Ksn 8 MGR, J MACMA.No.1277 of 2010 HONOURABLE SRI JUSTICE M. GANGA RAO MACMA.No.1277 of 2010 15-05-2020 Ksn