Telangana High Court
Perala Salamma vs Daripally Anaiah on 29 April, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
MACMA.No.3065 OF 2008
JUDGMENT:
1. This appeal is preferred by the appellant/injured aggrieved by the compensation granted by the Tribunal in OP.NO.1188 of 2002, dated 12.07.2006 and to enhance the same.
2. The 1st respondent is the driver, 2nd respondent is the owner and the 3rd respondent is the insurer of the offending Jeep bearing No.AP 20 F 1330.
3. The case of the appellant-Injured is that while she was travelling by Jeep bearing No.AP 20 F 1330, near culvert of Chintapally, the 1st respondent-driver of the jeep drove the vehicle in a rash and negligent manner at high speed, lost control over the vehicle resulting in the jeep turned turtle and the appellant sustained injuries. The petitioner took treatment for four days as in-patient at Khammam later she was shifted to Mamatha General Hospital Khammam wherein she took treatment for a period of two days. Thereafter, the petitioner took treatment as out-patient.
4. During trial, the Tribunal examined appellant/injured herself as PW1 and also RWs.1 and 2. Exs.A1 to A4 were marked on behalf of the claimant. Ex.B1- copy of the insurance policy, B2- 2 copy of driving licence of R1 and Ex.B3 copy of extract of driving licence register were marked on behalf of respondents. The Tribunal after considering the evidence on record and documents, came to the conclusion that the claimant is entitled to compensation of Rs.4,000/- payable by respondents 1 to 3, jointly and severally.
5. Aggrieved by compensation of Rs.4,000/- though the claimant claimed Rs.1 lakh, present appeal was filed.
6. Heard both sides.
7. It is not in dispute regarding the accident and also that the claimant received injuries.
8. Though the appellant sustained two simple injuries, she took treatment as in-patient for about six days and thereafter as out-patient. In the said period she would have lost her income and spent amount for transportation, attendant charges, medical expenses etc. The amount granted by the Tribunal under various heads is very low.
9. Hence, this Court is inclined to grant a total amount of Rs.25,000/- as compensation towards, two simple injuries, pain 3 and suffering, transportation, medical expenses and loss of income.
10. Thus, the appellant/injured is entitled to a total compensation of Rs.25,000/-.
11. Accordingly, the M.A.C.M.A is partly allowed by enhancing the compensation amount awarded by the Tribunal from Rs.4,000/- to Rs.25,000/- with proportionate costs and interest @ 7.5% p.a. on the enhanced amount from the date of petition till the date of realisation payable by the respondents 1 to 3 jointly and severally, within 6 weeks from the date of receipt of a copy of this order. On such deposit, the petitioner is permitted to withdraw the entire amount without furnishing any security.
As a sequel, miscellaneous applications, if any, pending in this appeal shall stand closed.
___________________ K.SURENDER, J Dt. 29.04.2024 tk