POLA BHADRAMMA Vs. G KUMAR

JUDGEMENT

(1.) THIS Judgment deals with both the appeals against O.P.No. 249 of 2002 dated 15/6/2007 passed by the Motor Accidents Claims Tribunal-cum-XX Additional Chief Judge, Secunderabad (MACT). C.M.A. No.2488 of 2007 is by the claimant, Pola Bhadramma, and C.M.A.No. 1032 of 2008 is by United India Insurance Company Limited.

(2.) THE claimant Bhadramma is the wife of an Executive Engineer in Irrigation Department. On 23/1/2002 at 2.00 pm, she was pillion riding TVS Moped bearing No. AP 10D 4317 to go to Nacharam. Oil tanker bearing No. AIB 1899 going from Mallapur to Habsiguda dashed against TVS Moped. She fell down. Oil tanker ran over the body and she became unconscious. She was taken to Gandhi hospital. Later she was admitted in CDR, Apollo and Vasavi Hospitals one after the other. From the date of accident, Bhadramma never regained consciousness. In spite of treatment, she has been in vegetative state unable to move her limbs having lost all the reflexes. Alleging that she was engaged in saree business and was earning Rs.2,500.00 per month, husband on behalf of injured instituted O.P.No.249 of 2002 claiming a compensation of Rs.70,00,000.00 under various heads including diagnostic, hospital and medical bills, towards pain and suffering, extra nourishment, loss of consortium and love and affection.

(3.) LEARNED Counsel for insurer appearing in support of C.M.A No.1032 of 2008 and opposing the claimant's appeal, made the following submissions. Award of salary to husband of injured, award towards love and affection, loss of consortium and separate amount towards injuries as well as pain and suffering is erroneous. M.A.C.T. ignored the duplication of bills produced towards medical expenses and amounts awarded towards the same are excessive and not supported by evidence. The amounts awarded towards feeding expenses without there being any evidence is erroneous. Award of compensation towards future medical expenses is unsustainable. He placed reliance on Nizam's Institute of Medical Sciences v. Prasanth S. Dhanaka (1) (NIMS) 2009 (4) SCJ 516 = (2009) 6SCS1.