Telangana High Court
Thalal Bhojanna vs Belqush Begum And Another on 30 April, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
MACMA.No.1291 OF 2012
JUDGMENT:
1. This appeal is preferred by the appellant/injured aggrieved by the compensation granted by the Tribunal in OP.NO.527 of 2006, dated 10.02.2010 and to enhance the same.
2. The 1st respondent is the owner and the 2nd respondent is the insurer of the offending Jeep bearing No.AP 1T 6005.
3. The case of the appellant-Injured is that on 27.07.2004, at about 5.00 p.m., he boarded Jeep bearing No.AP 1 T 6005 at Bhainsa to go to Beerelly village and when the said Jeep reached Lolam bus stand, the driver of the jeep drove it in a rash and negligent manner at high speed and lost control over it. As a result of which the jeep turned turtle towards right side of the road and the claimant fell down and received grievous injuries on his head, shoulder, hand and other parts of the body. He was immediately shifted to Government Hospital, Nirmal, where he was treated for one day and thereafter he was advised to go for better treatment. Accordingly, the injured was admitted in Priya Nursing Home at Nirmal, where he underwent surgery and his right hand was shortened. Due to the accident the 2 claimant/injured is unable to do any work with his right hand and he lost his job.
4. The Police, Narsapur (G) registered case in Crime No.41/2004 under Sections 337 and 338 of the Indian Penal code and the driver was punished by the Court.
5. During trial, the Tribunal examined appellant/injured himself as PW1 and also PW2. Exs.A1 to A26 were marked on behalf of the claimant. The Tribunal after considering the evidence on record and documents, came to the conclusion that the claimant is entitled to compensation of Rs.40,000/- payable by respondents 1 and 2, jointly and severally.
6. Aggrieved by compensation of Rs.40,000/- though the claimant claimed Rs.1 lakh, present appeal was filed.
7. Heard both sides.
8. There is no dispute regarding the accident and also the injuries received by the claimant.
9. Learned counsel for the appellant submits that though the appellant sustained two grievous injuries, three simple injuries, and took treatment nearly 20 days as in-patient and underwent 3 surgery, the Tribunal without considering the same has granted only Rs.40,000/- as compensation.
10. In the said circumstances, this Court deems appropriate to grant compensation as follows;
Two grievous injuries
(30,000 + 30,000) Rs.60,000
Three simple injuries
(10,000 x 3) Rs.30,000
Pain and suffering + Attendant
Charges + Transportation Rs.30,000
____________
Total: Rs.1,20,000/-
_____________
11. Thus, the appellant/injured is entitled to a total compensation of Rs.1,20,000/-.
12. Accordingly, the M.A.C.M.A is allowed by enhancing the compensation amount awarded by the Tribunal from Rs.40,000/- to Rs.1,20,000/- 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 2 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. The claimant has to pay the deficit Court fee or the Tribunal may deduct the amount 4 required for the purpose of Court fee from the amount awarded to the claimant after respondent Insurance Company deposits the amount.
As a sequel, miscellaneous applications, if any, pending in this appeal shall stand closed.
___________________ K.SURENDER, J Dt. 30.04.2024 tk