HON'BLE SRI JUSTICE B.N .RAO NALLA M.A.C.M.A. Nos. 375 and 2497 of 2005 DATED: 11.11.2010 M.A.C.M.A. No. 375 of 2005: Between: Chintalapudi Seetha Ramaiah … APPELLANT/ Petitioner A N D 1. Nallapati Venkata Rao 2. The Oriental Insurance Co. Ltd. 3. Tamilnadu State Transport Corpn. Ltd. … RESPONDENTS M.A.C.M.A. No. 2497 of 2005: Between: Tamilnadu State Transport Corpn. Ltd. Appellant And 1. Chintalapudi Seetha Ramaiah 2. Nallapati Venkata Rao 3. The Oriental Insurance Co. Ltd. .. Respondents COMMON JUDGMENT: Inasmuch as these two appeals are inter-related, and the parties therein are one and the same, they are taken up together for disposal by this common judgment. While M.A.C.M.A. No. 375 of 2005 is filed by the appellant- claimant-Ch.Seetha Ramaiah, M.A.C.M.A. No. 2497 of 2005 is instituted by Tamilnadu State Transport Corporation Ltd. against the order dated 11.10.2004 passed in M.V.O.P.No. 193 of 2000 whereby the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Guntur, granted a total compensation of Rs.30,000/- against the claim of Rs.1,00,000/- together with interest at 9% p.a. from the date of the petition till realization fastening liability of 50% of the compensation amount on respondent Nos.1 and 2 jointly and severally and 50% of the compensation amount on the 3rd respondent. For the sake of convenience, the parties will be referred to as they are arrayed in M.V.O.P. No. 193 of 2000. The facts of the case in brief are that on 19.11.1998, at about 3.00 P.M., while the petitioner-claimant was traveling with others by Tata Sumo bearing No. AP7U 6566 belonging to the 1st respondent from Piduguralla of Guntur District to Sankarapuram in Kerala State, via Tamilnadu and when it reached near Kumathapuram village in Tirunelveli District in Tamilnadu State, the driver of Tata Sumo and the driver of the Bus bearing No. TN 32N 1146 belonging to Tamilnadu State Road Transport Corporation Limited drove them in a rash and negligent manner at high speed and hit against each other (head-on- collision), as a result, the claimant sustained fracture injuries to his right wrist and left knee joint and two other inmates of the Tata Sumo died on their way to hospital. Kadayanallur police station of Tirunavelli District registered a case in Cr No.1109 of 1998 on the same day under Sections 279 and 337 IPC. Hence, the claimant filed the claim petition in M.V.O.P. No. 193 of 2000 seeking compensation of Rs.1,00,000/-. Before the Tribunal, the 1st respondent – owner of Tata Sumo remained ex parte. The 2nd respondent – Insurance Company filed written statement inter alia denying the allegations of the petition and stated that Tata Sumo had no valid permit and registration to move in the States of Tamilnadu and Kerala, as such, it is not liable to pay any compensation. The 3rd respondent – Tamilnadu State Transport Corporation, Madurai filed written statement stating that the petition is bad in law for non-joinder of necessary parties and mis-joinder of unnecessary parties, and that the driver of the Tata Sumo was responsible for the accident and due to his rash and negligent driving, Tata Sumo dashed against the bus causing damage to it and also injuries to its driver, as such, the 3rd respondent is not liable to pay any compensation. Based on the pleadings, the following issues were framed in M.V.O.P. No. 375 of 2005: 1) Whether the accident occurred due to rash and negligent driving of the driver of Tata Sumo (Taxi cab) No. AP7U 6566? 2) To what compensation the petitioners are entitled and from whom? 3) To what relief? To substantiate the claim, the claimant got examined himself as PW1 and another as PW2 and got marked Exs.A1 to A5. RWs.1 to 3 were examined but no documents were marked on behalf of the respondents. Taking into consideration the evidence both oral and documentary, the Tribunal partly allowed M.V.O.P. No. 193 of 2000 as stated supra. Being aggrieved by the order of the Tribunal, the claimant has preferred M.A.C.M.A. No. 375 of 2005 seeking enhancement of compensation and the Tamilnadu State Transport Corporation Ltd. has preferred M.A.C.M.A. No. 2497 of 2005 seeking to quash the impugned order. The learned counsel for the claimant has contended that though the claimant suffered fracture injuries, the Tribunal did not consider the gravity of the accident and the repercussions involved therein and erred in awarding a meagre compensation. It is his further case that though he filed medical bills under Ex.A5 to the tune of Rs.13,068/-, the Tribunal has erred in awarding Rs.10,000/- towards medical expenses. He has further contended that the appellant suffered fracture injuries to his right hand and left leg and there was prolonged treatment, but the Tribunal did not consider the aspect that his parents suffered during the course of such treatment and it also did not consider the disability and loss of amenities of life suffered by him. Moreover, the Tribunal failed to see that due to injuries suffered by the claimant in the accident, the movements of his limbs are restricted and it also failed to award any compensation towards transportation, attendant charges, extra nourishment and other incidental expenses. The learned counsel is also aggrieved by the interest awarded by the Tribunal at the rate of 9% per annum and its failure in applying multiplier method. On the other hand, the learned counsel for the 1st respondent-owner of Tata Sumo has contended that it is evident from the testimony of PW2 – medical witness that the appellant- claimant was able to work freely and his physical movements are continuing and there is no total functional disability and based on such evidence, the Tribunal observed that the disability alleged to have been suffered by the appellant is without there being any supporting evidence except the self-serving statement of PW2 to the effect that no document is filed in support of his testimony. He further contends that even though PW2 – medical witness has stated in his evidence that the appellant-claimant suffered 50% disability, the Tribunal did not consider the same and observed that it was a mere suggestion by him and he was not an authorized person, as such, the same was not accepted by it. Therefore, it is contended that the Tribunal was not in error in not applying and following multiplier method in assessing the compensation. It is further canvassed that as per Ex.A3 – Wound certificate, the appellant suffered (1) swelling on right wrist (2) multiple lacerated injuries on the left knee and no bony injury, as such, it is contended that the Tribunal was justified in awarding lumpsum amount of Rs.20,000/- towards the injuries. Lastly, it is contended that the Tribunal has not committed any error in awarding lumpsum amount of Rs.20,000/- towards injuries suffered by the appellant-claimant and also taking into consideration Ex.A5 – medical bills and though the medical bills are to the tune of Rs.7,493.50, it rounded off the amount and awarded Rs.10,000/-. It is contended on behalf of the 2nd respondent-Insurance Company that though the Insurance policy was not marked before the Tribunal, which is indicative of its non-existent, the Tribunal erred in fastening liability on the 2nd respondent in paying 50% of the total compensation of Rs.30,000/-. Heard the learned counsel both the parties and perused the material on record. A perusal of Ex.A5 – Medical bills reveals that it consists of six medical bills for Rs.7,493.50 only and the Tribunal granted a sum of Rs.10,000/- in favour of the claimant towards medical expenses. Therefore, it cannot be said that the Tribunal has erred in awarding lesser amount towards medical expenses. In view of the fact that the appellant-claimant has suffered fracture injuries and undergone prolonged treatment, the Tribunal appears to have erred in awarding a lesser amount towards medical expenses. Therefore, an amount of Rs.5,000/- is considered to be just and reasonable, and the same is hereby enhanced under this head, even though it is contended on behalf of the 2nd respondent – Insurance company that the amount awarded by the Tribunal under the head “medical expenses” is not unreasonable. It is to be observed that since the 2nd respondent-Insurance Company has not preferred any appeal, it cannot be permitted to raise such a plea at this stage. Further, PW2 – medical witness has stated in his evidence that the appellant-claimant suffered 50% disability, with regard to which, the Tribunal appears to have erred in not awarding any compensation towards such disability even though it is contended on behalf of the 1st respondent that PW2 only suggested such disability. In the circumstances, this Court is of the view that the appellant is entitled to just and reasonable compensation of Rs.25,000/- under the head “disability”, and the same is hereby awarded towards disability without applying multiplier method. Further, the Tribunal also appears to have erred in awarding Rs.20,000/- only towards injuries. It is a fact that the appellant-claimant suffered fracture injuries to his right hand and left leg for which he underwent prolonged treatment and his parents attended on him during the course of the treatment. In the circumstances, it appears just and reasonable to enhance a sum of Rs.15,000/- and the same is hereby enhanced from Rs.20,000/- towards injuries. That apart, it is held by the Tribunal that the accident had occurred due to rash and negligent driving on the part of both the drivers of Tata Sumo and Bus and the accident was the result of head- on-collision between both the vehicles inter alia resulting in the injuries to the appellant-claimant. Therefore, the 1st respondent and the 3rd respondent herein should be held jointly and severally liable to pay the entire compensation (50% each) in view of the fact that the 2nd respondent denied the insurance policy since it was not marked before the Tribunal. Hence, the Tribunal erred in fastening 50% liability on the 2nd respondent-insurance company in the absence of insurance policy being marked before the Tribunal. Hence, a total compensation of Rs.45,000/- is enhanced to the compensation already awarded by the Tribunal. However, the interest awarded by the Tribunal at the rate of 9% is liable to be reduced to 7.5% in view of the decisions rendered by the Hon’ble Supreme Court of India in this regard, and the same is hereby reduced to 7.5% p.a. on the enhanced compensation. With the modification of the impugned order dated 11.10.2004 as indicated above, M.A.C.M.A. No. 375 of 2005 preferred by the appellant-claimant is allowed in part, and consequently, M.A.C.M.A. No. 2497 of 2005 preferred by the Tamilnadu State Transport Corporation Limited shall stand dismissed. No order as to costs. _________________ B.N. RAO NALLA, J 11th November, 2010 bcj