Telangana High Court
P.Ramreddy vs National Insurance Co Ltd And Anr on 12 August, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.1095 of 2010
JUDGMENT:
Aggrieved by the meager compensation of Rs.64,000/- that was granted by the Chairman, Motor Vehicle Accidents Claims Tribunal (VIII Addl. District Judge) at Nizamabad, vide award dated 31.01.2009 in OP No.80 of 2004, the present appeal is filed.
2. Heard both sides and perused the entire material on record.
3. The claim petition was filed by the claimant seeking compensation of Rs.8,00,000/- for the injuries received by him in the motor vehicle accident.
4. According to the claimant, while he was going on a motorcycle, the offending vehicle which is a motorcycle came from behind at high speed and hit the motorcycle of the claimant, resulting in falling down of the claimant and sustaining of injuries.
5. The manner in which the accident has taken place and liability of the Insurance company are not in dispute. According KS, J MACMA_1095_2010 2 to PW3/doctor who treated the claimant has stated that the claimant sustained contusion on the left temporal region and another contusion on the right frontal region. Further, temporal bone on the right side was fractured.
6. According to the Tribunal, on the basis of the doctor's evidence, the claimant has taken treatment for around two months. Considering the income at Rs.4,500/- per month, the Tribunal has granted an amount of Rs.9,000/- towards loss of earnings for a period of two months. As per the claimant, he was earning an amount of Rs.10,000/- per month by doing motor winding work and cultivation. Hence, this Court is inclined to grant an amount of Rs.20,000/- (Rs.10,000x2) towards loss of earnings.
7. Considering the medical evidence on record, the Tribunal has granted an amount of Rs.30,000/- towards medical expenses and this Court is not inclined to interfere with the said finding.
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8. There is no dispute regarding the two grievous injuries sustained by the claimant, for which, this Court is inclined to grant an amount of Rs.50,000/- (Rs.25,000x2).
9. The Tribunal has granted only an amount of Rs.20,000/- towards pain and suffering and Rs.3,000/- for extra nourishment and Rs.2,000/- for attendant charges. Considering the grievous nature of injuries, this Court is inclined to grant an amount of Rs.25,000/- towards pain and suffering and Rs.5,000/- each for attendant charges, extra nourishment and transportation.
10. In the light of the above discussion, the claimant is entitled for the following compensation under different heads:
Head Compensation awarded
(1) Loss of income Rs.20,000
(2) Medical expenses Rs.30,000
(3) Two grievous injuries Rs.50,000
(4) Pain and suffering Rs.25,000
(5) Attendant charges Rs.5,000
(6) Extra nourishment Rs.5,000
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MACMA_1095_2010
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(7) Transportation Rs.5,000
Total compensation awarded Rs.1,40,000/-
11. In the result, the Motor Accident Miscellaneous Appeal is partly allowed enhancing the compensation amount awarded by the Tribunal from Rs.64,000/- to Rs.1,40,000/- as hereunder:
(a) The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization.
(b) The respondents shall deposit the amount within a period of (8) weeks from the date of receipt of copy of judgment. On such deposit, claimant is permitted to withdraw entire amount without furnishing any security.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
__________________ K.SURENDER, J Date : 12.08.2024 gvl