THE HON’BLE SRI JUSTICE B.N. RAO NALLA M.A.C.M.A. No.413 OF 2006 JUDGMENT: 1 Aggrieved by the order dated 28.11.2005 in MVOP No.231 of 2002 on the file of the Court of the Motor Accident Claims Tribunal – cum – District Judge, Chittoor whereby an amount of Rs.30,000/- was awarded with interest at 9% p.a. as compensation to the claimant as against his claim of Rs.1,00,000/- he preferred this Civil Miscellaneous Appeal seeking enhancement of compensation. 2 The facts of the case, in brief, are as under: a ) On 18.08.2001 the claimant boarded APSRTC bus bearing No.AP 9 Z – 7570 belonging to the respondent at Chittoor to go to Vijayawada and when the bus reached near Sri Venkateswara Rice Godown of Boppadu village limits of Guntur District, the driver of the said bus drove it in a rash and negligent manner and dashed against the stationed lorry bearing No.ATK – 6359 on the extreme left side of the road, as a result of which the appellant had suffered fracture to his right wrist and fracture of lower jaw, which resulted in loss of two lower teeth. Hence, he filed the claim petition claiming Rs.1,00,000/- as compensation. b) The respondent – APSRTC filed its counter denying the case of the claimant contending that the driver of the bus bearing No. ATK – 6359 was responsible for the accident and also disputing the injuries sustained by the claimant and expenditure incurred by him. 3 Based on the pleadings of both parties, the Tribunal framed the following issues: 1. Whether the accident occurred due to the rash and negligent driving of the respondent’s bus by its driver or the rash and negligent driving of the lorry ATK – 6359 or both? 2. Whether the owner and insurer of lorry ATK – 6359 are necessary parties to the petition? 3. Whether the petitioner is entitled to compensation for his injuries and if so to what relief? 4. To what relief? 4 During the course of trial, the appellant got himself examined as P.W.1 besides the doctor who treated him as P.W.2 and got exhibited Exs.A.1 to A.6 and Ex.X.1 an attested true copy of wound certificate was marked through P.W.2. However, no oral or documentary evidence was adduced on behalf of the respondent. 5 The Tribunal taking into consideration the entire material available before it, held that the accident occurred due to the rash and negligent driving on the part of the driver of the bus belonging to the respondent and as has already been stated above, awarded an amount of Rs.30,000/-. Aggrieved by the quantum of compensation, the claimant preferred this appeal seeking enhancement of the compensation. 6 It is contended on behalf of the claimant that since the claimant had suffered fracture injuries, he would have suffered lot of pain and suffering. However, the Tribunal failed to take the same into consideration and has totally failed in awarding any amount under the said head. It is further contended that though the claimant had incurred Rs.30,000/- towards medical expenses, the tribunal erroneously granted a meager amount of Rs.3,000/-, though it expressed an opinion that the claimant filed bunch of medical bills for lower amount, but, he might have definitely spent huge amount towards medical expenses as it may not be possible for him to secure all the medical bills. Therefore, the learned counsel contended that this court may enhance the amount under the head of medical expenditure to a reasonable extent and award reasonable amount towards pain and suffering. 7 On the other hand, the learned standing counsel appearing for the respondent APSRTC submits that since the had submitted medical bills for lesser amount, the Tribunal had awarded a reasonable amount of Rs.3,000/- and the same is not liable to be enhanced compensation. However, the learned standing counsel fairly conceded that it is a fact that the lower Tribunal has not awarded any amount towards pain and suffering. 8 Now the only point that arises for consideration is whether the compensation awarded to the claimant is inadequate, and if so, what is the just compensation? 9 As seen from the order impugned in this appeal, the Tribunal awarded an amount of Rs.15,000/- towards coolie’s fracture and Rs.10,000/- towards loss of teeth, Rs.3,000/- towards medical expenses and Rs.2,000/- towards extra nourishment totalling to Rs.30,000/- as compensation to the claimant. However, after hearing the learned counsel on both sides and considering the material on record, this Court is of the view that since no amount was awarded towards pain and suffering and since the claimant had suffered fracture injuries involving pain and suffering, it is reasonable that an amount of Rs.15,000/- can be awarded towards pain and suffering and the same is accordingly awarded. 10 In so far as Ex.A.6 bunch of medical bills are concerned, the Tribunal has expressed its opinion that though the injured had filed bunch of medical bills for lesser amount, yet, he must have incurred huge amounts towards medical expenses. Due to various facts and circumstances, it may not be possible for the claimant to secure and file all the medical bills. In the circumstances, this Court is of the view that an amount of Rs.3,000/- awarded by the Tribunal towards medical expenses appears to be on the lower side and the same is required to be enhanced. Hence, this Court is of the view that in addition to Rs.3,000/-, a further amount of Rs.15,000/- can be reasonably awarded towards medical expenses and the same is accordingly awarded. The other findings of the Tribunal are found to be on sound reasoning and do not require any interference. Thus, the compensation of Rs.30,000/- awarded by the Tribunal is enhanced by another Rs.30,000/- and therefore the claimant is entitled to a total compensation of Rs.60,000/- 11 In the result, the appeal is allowed in part awarding a total compensation of Rs.60,000/- to the claimant for the injuries sustained by him in the motor vehicle accident with proportionate costs before the Tribunal. The claimant is entitled to interest at 6% p.a. on the enhanced compensation from the date of petition till realization. Parties are directed to bear their own costs in this appeal. ----------------------------- B.N.RAO NALLA, J. Date: 21.07.2011 Kvsn