THE AMOUNT AWARDED UNDER THE HEAD OF LOSS OF EARNING CAPACITY IS DISTINCT AND DOES NOT OVERLAP WITH AMOUNT AWARDED FOR PAIN, SUFFERING, LOSS OF ENJOYMENT OF LIFE AND MEDICAL EXPENSES.TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 13 April, 2023 stating that the amount awarded under the head of loss of earning capacity is distinct and does not overlap with amount awarded for pain, suffering, loss of enjoyment of life and medical expenses.. It was stated in the case of D. Sivalakshmi, Hyd vs A.P.S.R.T.C., Rep. By M.D., Hyderabad (M.A.C.M.A.Nos.4083 of 2014 and 57 of 2015) which was passed by the single judge bench comprising of M.G.Priyadarsini
FACTS OF THE CASE:
The claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 against the respondents claiming compensation of Rs.25,00,000/- for the injuries sustained by her in the motor vehicle accident. It is stated that on the fateful day, at about 06:45 hours, when the claimant was waiting at Kurnool-2 Deport to go to Nandyal to write Group-IV examination, one Nandyal Depot RTC bus bearing No. AP 21 Z 380 came and stopped. While the passengers were boarding the bus, the driver moved the bus at high speed in a rash and negligent manner and dashed the claimant, due to which, the claimant fell down on the road. The bus ran over on the right leg of the claimant resulting into crush injury to the right leg apart from other multiple injuries. Immediately, the claimant was shifted to Government General Hospital, Kurnool and later she was shifted to Kamineni Hospital, L.B.Nagar and thereafter she took treatment in R.R.Hospital, Kurnool. Due to the said accident, the claimant sustained multiple injuries and her right leg was amputated above the knee. She incurred hospital and medical expenditure of Rs.1,50,000/-. According to the claimant, she was aged about 21 years and earning Rs.14,000/- per month as teacher and tutor in Cattamanchi Ramalinga Reddy group of Schools, Kurnool and used to contribute her entire earnings for the welfare of the family. Due to the accident, she sustained permanent disability and lost her future earnings. Therefore, she laid the claim petition against the respondents, seeking compensation of Rs.25.00 lakhs.
JUDGEMENT OF THE CASE
The M.A.C.M.A. is allowed in part enhancing the compensation awarded by the Tribunal from Rs.16,54,600/- to Rs.24,80,360/- which shall carry interest at 7.5% per annum from the date of filing of the O.P. till the date of realization payable by the respondents. Time to deposit the amount is one month from the date of receipt of a copy of this order. On such deposit, the claimant is entitled to withdraw the amount without depositing any security.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.