THE HONOURABLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.1453 of 2007
JUDGMENT :
This appeal is filed by the Claimant, aggrieved of the order and decree dated 28.04.2007 in O.P.No.376 of 2005 on the file of Motor Accident Claims Tribunal-cum-I-Additional District Judge, Mahabubnagar.
2. On 03.09.2004, due to the rash and negligent driving of Bus bearing No.AP-22-TY-9801 by its driver, it dashed against the Jeep in which the appellant was travelling, causing injuries to the appellant and others. Therefore, the above O.P. was filed seeking compensation of Rs.1,00,000/-
3. The Tribunal, on examining the oral and documentary evidence, partly allowed the O.P., awarding compensation of Rs.5,000/- along with costs and interest @ 7.5% per annum from the date of petition till the date of realization. Seeking enhancement of compensation, the appellant-claimant has filed this appeal.
4. Heard learned counsel for appellant. As there was no representation on behalf of 2nd respondent-Insurance Company, This Court heard Sri A.Ramakrishna Reddy as counsel for the 2nd respondent-Insurance Company. Perused the record.
5. The learned Counsel for the appellant-Claimant has contended that the Tribunal has failed to consider the evidence adduced on 2 GSD, J MACMA.No.1453 of 2007 behalf of the claimant in proper perspective and erred in granting the meager amount of Rs.5,000/-. It is contended that the left shoulder of the appellant-claimant got dislocated due to the accident, which is grievous injury. It is further contended that the Tribunal has erred in not granting compensation under customary heads to be granted for accident victims. Seeking enhancement of compensation, the present appeal is filed.
6. In the present case, admittedly, the appellant has sustained simple injuries in the accident, however, this Court is of the considered view that the Tribunal has not considered the injuries sustained by the appellant-claimant in proper perspective.
7. Thus, this Court feels that the appellant is entitled to the following amount towards compensation under various heads:
Sl. Name of Head Awarded by Awarded by this
No. Tribunal Court
Rs. Ps. Rs. Ps.
1. Pain and suffering 2,000.00 30,000.00
2. Extra nourishment 500.00 3,000.00
3. Medical expenses 570.00 5,000.00
4. Transport expenses. 1,000.00 5,000.00
5. Loss of earnings for 900.00 6,000.00
one month
TOTAL 4,970.00 Rs.49,000.00
(rounded off to
Rs.5,000.00)
8. In the result, the M.A.C.M.A. is allowed by enhancing the compensation amount awarded by the Tribunal from Rs.5,000/- to Rs.49,000/-. The enhanced amount will carry interest at 7.5% p.a. 3 GSD, J MACMA.No.1453 of 2007 from the date of order passed by the Tribunal i.e. 28.04.2007 till the date of realization, payable by respondents 1 and 2 jointly and severally. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
____________________ JUSTICE G.SRI DEVI Date: 16.12.2021 ajr