THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
M.A.C.M.A. No.809 OF 2008
JUDGMENT:
This appeal is filed by the appellant-claimant aggrieved by the Order and Decree dated 26.10.2007 passed in M.V.O.P.No.1675 of 2002 by the Motor Accidents Claims Tribunal-Cum-V Additional District Judge, (F.T.C) at Nizamabad (for short, the Tribunal).
2. The brief facts of the case are that on 30.09.2002 at about 08:30 PM, the appellant along with one J. Saya Reddy were travelling from Nizamabad to basar in an auto bearing No.AP-25-U-1926 (hereinafter crime vehicle). On the way, at about 08:30 PM when the said auto reached near bridge of Navipet, its driver has driven it in high speed and in negligent manner and due to which the Auto gave dash to a scooter on which two persons were travelling, as a result of which, the petitioner and J. Saya Reddy along with two persons who were travelling on the scooter, sustained injuries. The petitioner sustained grievous injuries on teeth upper left in Anterior to the posterior region, upper lip laceration and 1,2,3,4 teeth, laceration upper left side of the lip and lacerations on the left side of hand and also sustained simple injuries. Immediately, after the accident, the appellant was shifted to Amrutha Laxmi Multi Speciality Dental Clinic, Khaleelwadi, Nizamabad where Dr.D.Satyanarayana attended him and four teeth were removed by surgery and upper lip sutured and debridment done and the petitioner after surgery has also took treatment in the private hospitals and spent Rs.50,000/- towards medical expenses. The appellant filed aforesaid OP against respondent Nos.1 and 2, owner and insurer of the auto, claiming compensation of Rs.2,00,000/- for the injuries sustained by him. 2
3. Before the Tribunal, respondent No.1 and respondent No.2 filed separate written statements denying the averments of the claim petition and contended that the amount claimed is excessive and prayed to dismiss the claim petition.
4. After considering the oral and documentary evidence on record, the Tribunal came to the conclusion that the accident occurred due to the rash and negligent driving of the driver of the auto and awarded total compensation of Rs.58,850/- with interest @ 7.5% per annum, i.e.,Rs.21,850/- towards Medical expenses, present and future, Rs.10,000/- towards discomfort and disfiguration, Rs.18,000/- towards pain and suffering, Rs.9,000/- towards loss of income. Dissatisfied with the quantum of compensation, the appellant filed the present appeal, seeking enhancement of the same.
5. Heard.
6. Basing on the evidence on the record, this Court feels that Rs.10,000/- granted towards discomfort and disfiguration and Rs.18,000/- granted towards pain and suffering are meager and the same are enhanced to Rs.40,000/- and Rs.40,000/- respectively. Except the said enhancement, the Judgment of the Tribunal remains unchanged.
7. In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed, enhancing the compensation amount awarded by the Tribunal from Rs.58,850/- to Rs.1,10,850/-. The enhanced amount shall carry interest @ 7.5% per annum from the date of claim petition till realization.
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Miscellaneous petitions pending, if any, shall stand closed. No costs.
____________________________ NAGESH BHEEMAPAKA, J Date: 01.09.2023 VRKS 4 THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA M.A.C.M.A. No.809 OF 2008 Date: 01.09.2023 VRKS