Telangana High Court doubles fruit vendor’s compensation in 1999 road accident case
Twenty-six years after the accident, the Telangana High Court modified the payout for the fruit vendor who had sustained 'grievous injuries all over the body', including multiple facial fractures and a severe injury to his right eye.
In the appeal, the fruit vendor’s counsel argued that the tribunal had failed to account for the permanent disability and the sheer scale of the suffering.
The Telangana High Court on Tuesday substantially enhanced the compensation awarded to a fruit vendor who sustained life-altering injuries in a motor vehicle accident over 26 years ago. Justice B R Madhusudhan Rao modified the original award of 2005, more than doubling the amount from Rs 53,078 to Rs 1,21,320.
Finding fault with the order of the Motor Accidents Claims Tribunal in Khammam, the court noted, “The learned Tribunal has not awarded any amount towards pain and suffering, attendant charges, extra nourishment charges and for removal of implants.”
The court found it necessary to provide relief under these neglected heads—two grievous injuries: Rs 40,000 (Rs 20,000 each); pain and suffering: Rs 20,000; medical expenses: Rs 28,813; attendant and extra nourishment: Rs 15,000; and loss of income (three months): Rs 7,500.
The case stems from an accident on April 11, 1999. Muchu Hanumantha Rao, then a 28-year-old fruit vendor earning about Rs 2,500 a month, was travelling to the Jangareddygudem market to purchase inventory. While he was travelling in a truck after paying a fare to the driver, another truck driven in a rash and negligent manner collided with their truck near Kistaram village. The driver of the first truck died on the spot, while the fruit vendor sustained “grievous injuries all over the body”, including multiple facial fractures and a severe injury to his right eye.
The fruit vendor underwent extensive medical treatment at NIMS, Hyderabad, including two major surgeries and bone grafting using bone from his ribs. Medical evidence showed he was unable to open his mouth for three months and remained on a liquid diet during his recovery.
Disposing of the case, the Motor Accidents Claims Tribunal awarded Rs 53,078 to the fruit vendor in 2005. Challenging the quantum of compensation awarded by the tribunal, he appealed against the order in 2011.
Two major grievous injuries
In the appeal, the fruit vendor’s counsel argued that the tribunal had failed to account for the permanent disability and the sheer scale of the suffering. For its part, the insurance company (respondent 3) contended that the injuries were merely “simple” and that the original compensation was “just”.
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However, the court rejected the respondent’s attempt to downplay the injuries. Upon reviewing the evidence of the doctor and the NIMS discharge summary, the court concluded that the fruit vendor had indeed suffered two major grievous injuries.
The court directed respondents 1 to 3—the driver and the owner of the opposite truck and the insurer—to deposit within 60 days the enhanced amount of Rs 1,21,320 with 9 per cent interest per annum from the date of filing the petition till its payment.
The court also permitted the vendor to withdraw the entire amount immediately without furnishing security.
Rahul V Pisharody is Assistant Editor with the Indian Express Online and has been reporting for IE on various news developments from Telangana since 2019. He is currently reporting on legal matters from the Telangana High Court.
Rahul started his career as a journalist in 2011 with The New Indian Express and worked in different roles at the Hyderabad bureau for over 8 years. As Deputy Metro Editor, he was in charge of the Hyderabad bureau of the newspaper and coordinated with the team of city reporters, district correspondents, other centres and internet desk for over three years.
A native of Palakkad in Kerala, Rahul has a Master's degree in Communication (Print and New Media) from the University of Hyderabad and a Bachelor's degree in Business Management from PSG College of Arts and Science, Coimbatore. ... Read More