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by Admin
07 May 2024 2:49 AM
In a detailed judgment, the High Court of Andhra Pradesh at Amaravati has revised the compensation awarded to a mechanic who was severely injured in a motor vehicle accident, confirming the negligence of the driver involved.
The pivotal legal issue dealt with the assessment of compensation for injuries sustained due to a motor vehicle accident, focusing particularly on the validation of claims associated with medical expenses and the extent of negligence.
The accident, involving a bus driven by an unlicensed APSRTC mechanic, resulted in serious injuries to another mechanic. The Motor Accidents Claims Tribunal initially awarded Rs. 3,40,000 based on the claims presented. The APSRTC appealed, disputing both the negligence established and the amount of compensation.
Confirmation of Negligence: The court reaffirmed that the accident was a result of the “rash and negligent act of the first respondent,” as evidenced by police reports and the chargesheet, upholding the tribunal’s findings on this aspect.
Analysis of Compensation Claims: The court dissected the compensation awarded for medical expenses, pain and suffering, and permanent discomfort:
Medical Expenses: The court noted the lack of substantial evidence for the claimed Rs. 1,00,000 for medical expenses, leading to adjustments.
Pain and Suffering: Compensation for pain and suffering was reduced from Rs. 1,00,000 to Rs. 75,000, reflecting a reassessment of the tribunal’s higher estimate.
Permanent Discomfort: Despite no formal disability certificate, the court acknowledged the lifelong discomfort caused by the injuries, assigning Rs. 50,000 for this category.
Reduction of Total Compensation: Following its examination, the High Court reduced the overall compensation from Rs. 3,40,000 to Rs. 2,15,000, rectifying the overestimations in the original tribunal award.
Decision: The High Court partially allowed the appeal, setting the revised compensation at Rs. 2,15,000 with an interest rate of 7.5% per annum from the date of the petition until payment. This decision underscores the court’s role in meticulously verifying and adjusting compensation based on the evidence available.
Date of Decision: May 1, 2024
The Depot Manager VS Kota Mohan Simhadri Appalaswamy,
