Telangana High Court
Bhukya Tirupathi vs Mattepalli Ramakrishna And 2 Ors. on 26 April, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A. No.3550 OF 2008
JUDGMENT:
This appeal is filed by the claimant being not satisfied with the compensation granted by the learned Chairman, Motor Vehicle Accident Claims Tribunal-cum-IV Additional District Judge at Warangal (for short, 'the Tribunal') vide order, dated 13.04.2006 in O.P.No.1209 of 2005.
2. Brief facts of the case are that the claimant while travelling on a Tractor trailer bearing No.AP-36K-7487/AP-36V-7117, the driver of the Tractor drove the vehicle in a rash and negligent manner at high speed and lost control over vehicle and the vehicle turned turtle, as a result of which, claimant received grievous injuries.
3. The manner in which the accident had taken place and the injuries received are not in dispute by either of the parties.
4. PW-2 /Doctor observed following injuries to the claimant: 2
i. A laceration of 5 cm X 2cm X ½ cm over the ankle joint of right lower leg.
ii. A laceration over chin of 3 cm x 1 cm iii. Multiple small abrasions over right arm. iv. Laceration over anterior part of right shoulder v. A laceration over right leg.
vi. Tenderness at left knee vii. Tenderness at lower back spine.
5. In the opinion of PW-2, injuries (vi) and (vii) are grievous and other injuries are simple in nature. He further stated that Ex.A5/ X-ray taken out in MGM hospital, Warangal show that the claimant suffered fracture on right side Sacrum and fracture of left pubic bone and also fracture of 10th & 11th ribs.
6. In view of the same, this Court deems it appropriate to grant Rs.80,000/- to two grievous injuries (Rs.40,000/-
each) in addition to the compensation granted by the Tribunal. The other components of compensation remain unaltered.
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7. In the result, the appeal is partly allowed enhancing the compensation amount awarded by the Tribunal from Rs.33,388/- to Rs.1,13,388/-. The enhanced amount shall be deposited by the respondent Nos.1 to 3 are jointly and severally within a period of two (2) months from the date of this judgment. The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization. On such deposit, claimant is permitted to withdraw the amount without furnishing any security. There shall be no order as to costs.
Miscellaneous applications, pending if any, shall stand closed.
______________ K.SURENDER Date:26.04.2024 ktm