IF THE TRIBUNAL HAS RIGHTLY AWARDED JUST AND REASONABLE COMPENSATION CONSIDERING THE NATURE OF INJURIES SUFFERED BY THE CLAIMANT AND HER AVOCATION, THE ORDER CALLS FOR NO INTERFERENCE BY COURT.TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 14 March, 2023 stating that If the Tribunal has rightly awarded just and reasonable compensation considering the nature of injuries suffered by the claimant and her avocation, the order calls for no interference by Court. It was stated in the case of Tsrtc, Mahabubnagar vs Smt S Tirmal, Mahabubnagar Dist (M.A.C.M.A. No.508 of 2017)which was passed by the single judge bench comprising of HON’BLE SMT. JUSTICE M.G. PRIYADARSINI
FACTS OF THE CASE:
the claimant filed a petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs.8,00,000/- for the injuries sustained by her in a road accident that occurred on 03.04.2012. It is stated that on the fateful day, while the claimant along with her sister, boarded the RTC bus bearing No.AP 28 Z 2636 to go to Dhanwada, at about 19:00 p.m., when the bus reached near the Court at the outskirts of Narayanpet town, the driver of the bus drove the bus at high speed and in a rash and negligent manner and dashed the tractor trolley bearing No.AP 22 V 7476 from MGP, J Macma_508_2017 the opposite direction, as a result of which, the claimant received multiple fracture injuries all over the body. Immediately, she was shifted to Government Hospital and from there shifted to SVS Hospital, Mahabubnagar and thereafter she took treatment for 21 days in Smt.Bhagwan Devi Hospital, Hyderabad, as her leg just below knee was amputated. According to the claimant, she was hale and healthy and earning Rs.500/- per day by doing tailoring. Due to the accident, she cannot operate sewing machine nor can she stand steady for cutting clothes and thereby lost her livelihood and source of income. Therefore, she laid the claim against the respondent seeking compensation of Rs.8,00,000/- under various heads.
JUDGEMENT OF THE CASE
Considering the fact that due to the injuries suffered in the accident, the claimant cannot continue her profession of tailoring and considering disability certificate, issued by the competent Medical Board assessing the percentage of disability of the claimant at 70%, the tribunal has rightly awarded just and reasonable compensation and the same needs no interference by this Court. However, as regards the interest awarded by the Tribunal is concerned, as per the decision of the Apex Court in Rajesh and others v. Rajbir Singh and others1, the claimant is entitled to interest @ 7.5% per annum on the compensation awarded by the Tribunal from the date of petition till realization but not 9% as was awarded by the Tribunal. . Accordingly, the MACMA stands disposed of. While maintaining the quantum of compensation awarded by the tribunal, the rate of interest awarded by the tribunal is hereby reduced to 7.5% from 9% per annum. No costs.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.