Telangana High Court
Konapally Vijaya vs G. Ganesh, on 12 August, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.5153 of 2008
JUDGMENT:
Aggrieved by the meager compensation of Rs.50,000/- that was granted by the Chairman, Motor Vehicle Accidents Claims Tribunal (II Addl. District Judge) (FTC), Nizamabad, vide award dated 05.11.2007 in OP No.328 of 2002, 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.3,00,000/- for the injuries received by him in the motor vehicle accident.
4. According to the claimant, while he was travelling in a jeep, the driver of the jeep drove it in a rash and negligent manner at high speed and dashed against Suzuki motorcycle which was coming in opposite direction and further hit to a road side tree, resulting in injuries to the claimant.
5. As per the evidence of claimant/PW1, doctor/PW2 and Ex.C1/case sheet, the claimant sustained liner laceration abent KS, J MACMA_5153_2008 2 and swelling deformity and tenderness over the right elbow resulting in commuted fracture of right olecranor.
6. For the injuries sustained by the claimant, the Tribunal has granted only an amount of Rs.20,000/-. As the injuries resulted in fracture, this Court is inclined to grant an amount of Rs.40,000/- for the injuries.
7. As per the evidence on record, the learned Tribunal has granted an amount of Rs.15,000/- towards medical expenditure and this Court is not inclined to interfere with the said finding.
8. The learned Tribunal has granted meager amounts under the other heads. For the pain and suffering which the claimant has undergone due to the injuries, he is entitled Rs.20,000/-. Further, the claimant is entitled for Rs.5,000/- each for transportation, extra nourishment and loss of earnings.
9. In the light of the above discussion, the claimant is entitled for the following compensation under different heads:
Head Compensation awarded
(1) Injuries Rs.40,000
(2) Medical expenditure Rs.15,000
KS, J
MACMA_5153_2008
3
(3) Pain and suffering Rs.20,000
(4) Transportation Rs.5,000
(5) Extra nourishment Rs.5,000
(6) Loss of earnings Rs.5,000
Total compensation awarded Rs.90,000/-
10. In the result, the Motor Accident Miscellaneous Appeal is partly allowed enhancing the compensation amount awarded by the Tribunal from Rs.50,000/- to Rs.90,000/- 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 respondent Nos.2 and 3 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