THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
M.A.C.M.A.No.1054 OF 2015
JUDGMENT:
This appeal is filed by the claimant being aggrieved by the order dated 17.12.2013 in O.P.No.147 of 2011 on the file of the Motor Accident Claims Tribunal-cum-IX Additional District Judge, Kamareddy, granting compensation of Rs.61,000/- against the claim of Rs.1,50,000/- for the injuries sustained by the appellant/claimant in the Motor Accident.
2. Heard the learned counsel for the appellant as well as Sri Kota Subba Rao, learned Standing counsel appearing for the respondent No.2/Insurance Company.
3. Since the grievance of the appellant is with regard to the compensation granted by the Tribunal towards loss of income, pain and suffering and also Extra Nourishment, the appreciation of evidence will be only on the said aspects. In Ex.A6/the original referral letter of Government Hospital, Kamareddy, it is mentioned that the appellant has sustained 2 Justice Juvvadi Sridevi M.A.C.M.A.No.1054 of 2015 fracture of femur and a surgery was also performed for the same on 26.07.2011. In view of the said injury and the surgery conducted for the same, this Court is of the considered view that the Tribunal has erred in awarding compensation of Rs.25,000/- towards pain and suffering and Rs.10,000/- alone towards attendant, transportation and Extra Nourishment Charges. In view of the evidence on record, this Court is of the considered view that Rs.40,000/- can be awarded towards pain and suffering and Rs.20,000/- towards attendant, transportation and Extra Nourishment Charges. Since the Tribunal has awarded Rs.8,000/- towards loss of income during the period of rest for two months, this Court deems it is a just compensation and no need to interfere with the same.
4. Accordingly, this appeal is allowed in part enhancing the compensation towards pain and suffering and attendant, transportation and Extra Nourishment Charges as referred above, bringing the total amount of compensation to Rs.86,000/-. The appellant is entitled to interest @ 7.5% per 3 Justice Juvvadi Sridevi M.A.C.M.A.No.1054 of 2015 annum on the enhanced compensation amount from the date of appeal. The award of the Tribunal shall remain same on all other aspects.
Pending miscellaneous applications, if any, shall stand closed.
_____________________ JUVVADI SRIDEVI, J Date: 10.11.2023 dgr