Telangana HC Enhances Accident Compensation to Rs 41.4 Lakh Despite Negligence
Hyderabad: Justice Namavarapu Rajeshwar Rao of the Telangana High Court, applying the principle of just compensation, granted more than the amount as compensation in a motor accident case. However, having arrived at a figure of Rs 51.21 lakh, the court reduced it to Rs 41.40 lakh on the ground of contributory negligence by the claimant. The claimant, Ch. Preeti, in her late teens, met with a road accident at Autonagar, Hyderabad, on May 27, 2008. She complained that a lorry that caused the accident was driven in a rash and negligent manner and dashed against her motorcycle. The petitioner fell on the road and sustained grievous injuries. She was hospitalised and spent a huge amount towards medical expenses. Therefore, the petitioner filed the OP seeking compensation of Rs 20 lakh. The RTC contested the matter, the Motor Accidents Tribunal at Hyderabad assessed the compensation at Rs 10 lakh and after deducting 25 per cent of the amount towards contributory negligence on the part of the motorcycle rider awarded Rs 7.5 lakh to the petitioner while fixing the liability of 75 per cent on the driver of the offending vehicle and directed both the respondents to pay the amount with interest at 7.5 per cent per annum from the date of petition till the date of realisation. Both the RTC and the claimant filed appeals.
The case of the claimant was that she was unmarried and on account of skin grafting, her face and other parts of her body were disfigured. The claimant had sustained a crush injury to the right hand and forearm with loss of dorsal tissue, explosive cut tendons, wrist joint and ulna, crushed distal ulna, deep abrasions extended up to mid-arm; fracture pelvis; deep abrasions involving right loin, hip and right thigh with de-gloving from loin to right knee joint. She underwent surgeries certain surgeries: wound toilet and debridement of crush injury on right hand and forearm; wound toilet and placement of suction drains to de-gloving injuries; and opposite groin flap cover to lower right forearm and skin grafting to upper fore-arm. Dealing with the evidence Justice Rajeshwar Rao observed: “This court is inclined to accept the disability certificate in view of the condition of the petitioner and fix the disability at 60 per cent, as the courts have no power either to increase or to decrease the disability and moreover, the petitioner has produced Ex.X1 disability certificate.
The tribunal did not add future prospects on the income of the petitioner.” While enhancing the compensation adding the standard multiplier for future loss, he said that “this court is inclined to grant an amount of Rs 20,000 each for grievous injury i.e., Rs 60,000 for three grievous injuries. Further, since the petitioner has suffered a lot due to the injuries sustained by her, this court is inclined to grant an amount of Rs 1,90,000 towards pain and suffering”. Overall the judge enhanced the compensation from Rs 7 lakh to Rs 41 lakh along with interest at 7.5 per cent on the enhanced amount from the date of petition till the date of realisation. RTC was directed to forthwith deposit the entire amount. The appeal field by the RTC was dismissed.
