THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
M.A.C.M.A. No.936 OF 2008
JUDGMENT:
This appeal is filed by the appellant-claimant aggrieved by the Order and Decree dated 27.12.2007 passed in O.P.No.353 of 2001 by the Motor Accidents Claims Tribunal-Cum-I Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar (for short, the Tribunal).
2. The brief facts of the case are that on 11.01.2001, while the appellant was proceeding on tractor and trailer bearing No.AAL- 1981 and 1982 as labourer for loading and unloading material, the driver of the tractor lost his control and due to which the tractor turned turtle near Swarnagab agriculture field, Maheshwaram. Immediately, after the accident, the driver of the vehicle fled away from the place of the accident. As a result, the appellant sustained fracture of rib bones, fracture of collar bone and other grievous injuries and the appellant was treated in a private Hospital. The appellant filed aforesaid .O.P against respondent Nos.1 and 2, owner and insurer of the vehicle, claiming compensation of Rs.1,50,000/- for the injuries sustained by the appellant.
3. Before the Tribunal, respondent No.1 remained ex parte. Respondent No.2 filed counter denying the averments of the claim petition and contended that the amount claimed is excessive and prayed to dismiss the claim petition.
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4. After considering the oral and documentary evidence on record, the Tribunal came to the conclusion that the accident occurred due to the driver of the tractor and awarded total compensation of Rs.50,000/- with interest @ 7.5% per annum, i.e., Rs.20,000/- towards pain and suffering, Rs.6,000/- towards medical expenditure, Rs.4,000/- towards loss of earnings, Rs.2,400/- towards extra nourishment and attendant charges, Rs.600/- towards transportation and Rs.10,000/- towards permanent disability. Dissatisfied with the quantum of compensation, the appellant filed the present appeal, seeking enhancement of the same.
5. Heard.
6. A perusal of the record, the total compensation awarded by the tribunal is reached at Rs.43,000/- whereas in the concluding paragraphs of the order passed by the learned tribunal is shown at Rs.50,000/-. The order of the tribunal is silent with regard to the head under which said remaining Rs.7,000/- has been awarded.
7. Now coming to the present appeal on hand, on screening the evidence of P.W.2, the doctor who treated the appellant, stated that the appellant was treated as in-patient from 11.01.2001 to 23.03.2001 and underwent surgery on 06.03.2001, resulting which upper portion of right lung was removed due to laceration and infection. In view of the above, it is clear that the appellant may not 3 be in a position to attend his avocation with the same vigor with which he attended earlier, as such this Court feels that the amount of Rs.10,000/- awarded by the Tribunal towards permanent disability is meager and the same is enhanced to Rs.60,000/-. Except the said enhancement, the Judgment of the Tribunal remains unchanged. However,
8. In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed, enhancing the compensation amount awarded by the Tribunal from Rs.50,000/- to Rs.1,00,000/-. The enhanced amount shall carry interest @ 7.5% per annum from the date of claim petition till realization.
Miscellaneous petitions pending, if any, shall stand closed. No costs.
____________________________ NAGESH BHEEMAPAKA, J Date:15.09.2023 VRKS 4 THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA M.A.C.M.A. No.936 OF 2008 Date:15.09.2023 VRKS