THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
M.A.C.M.A. No.179 of 2014
JUDGMENT:
Dissatisfied with the quantum of compensation awarded by the Chairman, Motor Accident Claims Tribunal-cum-III Additional District Judge (FTC), Nizamabad in O.P. No.1990 of 2003, dated 09.01.2007, the present appeal is filed by the claimant.
2. Vide aforesaid order, the Tribunal has awarded an amount of Rs.22,000/- towards compensation to the appellant- claimant against the respondents herein who are owner and insurer of the offending vehicle i.e., TVS Victor motorcycle bearing No. AP.25.H.8801, jointly and severally, along with proportionate costs and interest @ 7.5% per annum from the date of the petition till realization, as against the claim of Rs.2,50,000/- laid by the appellant-claimant for the injuries sustained by him in a road accident that occurred on 01.11.2003.
3. According to the petitioner, on 01-11-2003 the petitioner who was aged 15 years was peddling the cycle very slowly from Rajnagar towards Dubba and at about 5-30 p.m., when he 2 reached near Krishna Talkies, one motorcycle bearing No. AP.25.H.8801 came in a rash and negligent manner at high speed from opposite direction on wrong side of the road and gave dash to his cycle. Due to which the petitioner fell down and front wheel of the motorcycle ran over him.
4. Heard the learned counsel for the appellant-claimant and the learned Standing Counsel for the New India Assurance Company Limited. Perused the material available on record.
5. The learned counsel for the appellant-claimant has submitted that although the claimant, by way of evidence of P.Ws.1 to 3, and Exs.A.1 to A.11, established the fact that the petitioner has sustained permanent disability due to the injuries received by him in the accident, the Tribunal awarded very meager amount of Rs.22,000/- under various heads.
6. The learned Standing Counsel appearing on behalf of respondent No.2 sought to sustain the impugned award of the Tribunal contending that considering the nature of injuries sustained by the petitioner and the treatment taken by him, the learned Tribunal has awarded just and reasonable 3 compensation and the same needs no interference by this Court.
7. Admittedly, there is no dispute with regard to the manner of accident and the involvement of the offending vehicle i.e., motorcycle bearing No.AP.25.H.8801.
8. According to the oral and documentary evidence available on record, it is clearly established that the petitioner has sustained one fracture injury and was admitted in the hospital of PW-2 and was undergone operation on 3.11.2003 and nailing was done and he was discharged on 11.11.2003. Again on 18.1.2006 he was readmitted for removal of the nail and underwent operation for removal of the nail and was discharged on 21.1.2006, which shows the seriousness of the injury. However, the learned Tribunal has awarded a sum of Rs.5,000/- towards the injuries, which appears to be too meager. Hence an amount of Rs.25,000/- is awarded towards the fracture injury sustained by the petitioner. Further the Tribunal rightly awarded a sum of Rs.14,300/- towards hospital bills and Rs.696/- towards medical bills and as such, they are not disturbed. Further the Tribunal awarded an amount of Rs.2,000/-towards pain and suffering and transport 4 charges, which appears to be too meager and hence, this amount can be enhanced to Rs.10,000/-. In total, the claimant is entitled to Rs.50,000/-.
9. In the result, the M.A.C.M.A. is partly allowed by enhancing the compensation amount awarded by the Tribunal from Rs.22,000/- to Rs.50,000/-. The enhanced amount shall carry interest at 7.5% p.a. from the date of this Order till the date of realization, payable by respondent Nos. 1 and 2 jointly and severally. The amount shall be deposited within a period of one month from the date of receipt of a copy of this order. On such deposit of compensation amount by the respondents, the claimant is at liberty to withdraw the same without furnishing any security. No costs.
Miscellaneous petitions, if any pending, shall stand closed.
_______________________________ JUSTICE M.G.PRIYADARSINI 17.08.2022 pgp