THE HON'BLE SRI JUSTICE M. LAXMAN
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL
No.3364 OF 2008
JUDGMENT:
1. The present Motor Accident Civil Miscellaneous Appeal is filed challenging the order and decree, dated 24.04.2006 in O.P.No.293 of 2001 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-IV Additional District Judge (FTC) Mahabubnagar, (hereinafter referred to as 'Tribunal'), seeking enhancement of compensation by the petitioner before the Tribunal.
2. Heard.
3. The contention of the learned counsel for the appellant- injured is that the Tribunal has not awarded any compensation towards loss of amenities and compensation awarded towards pain and suffering is on lower side. It is also contended that on account of dislocation there shall be temporary loss of earnings which shall be calculated for not less than six months.
4. The learned counsel for the insurance company-respondent No.2 opposed the contention of the appellant stating that compensation was justly fixed. According to her, the medical evidence do not show any fracture and it is only dislocation. 2
5. Ex.A-2-wound certificate shows that the appellant-injured sustained fracture and dislocation of right shoulder bone, blunt injury on back portion and other injuries. She was working as labour and considering her services to her family, the Tribunal has fixed monthly income at Rs.1500/-, which is on lower side. Considering the injuries, this Court is inclined to enhance the same to Rs.3,000/- per month. The period of healment was considered as one month by the Tribunal and this Court is inclined to consider the same as three months. In the said circumstances, the temporary loss of earnings comes to Rs.9,000/- (Rs.3,000/- X 3 months), which shall include Rs.1,500/- already granted by the Tribunal.
6. The Tribunal has granted an amount of Rs.10,000/- towards pain and suffering, Rs.2,000/- towards medical expenses and Rs.1,000/- towards extra nourishment. This Court feels that the same are just and reasonable and requires no interference.
7. The Tribunal has not granted an amounts towards loss of amenities and impact of injures on residual of life and this Court is inclined to grant an amount of Rs.10,000/- under the said heads.
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8. The total quantum of compensation comes to Rs.32,000/- [temporary loss of earnings: Rs.9,000/- + extra nourishment: Rs1,000/- + medical expenses: Rs.2,000/- + pain and suffering: Rs.10,000/- + loss of amenities and impact of injuries on residual of life: Rs.10,000/-], the said amount shall include the compensation of Rs.14,500/- already granted by the Tribunal.
9. In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed and the quantum of compensation is enhanced from Rs.14,500/- to Rs.32,000/-. The enhanced amount shall carry interest at 7.5 % per annum from the date of filing of the O.P. till the date of realization. Respondent Nos.1 and 2 herein are directed to deposit the enhanced amount to the credit of O.P. along with accrued interest within a period of two months from the date of receipt of a copy of this judgment as both of them are jointly and severally liable. On such deposit, the appellant is permitted to withdraw the entire amount in the proportions, as fixed by the Tribunal. The enhanced amount shall be paid to the appellant on payment of deficit Court fee, if any. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.
_____________________ JUSTICE M.LAXMAN Date: 27.09.2023.
GVR