Telangana High Court
Pattem Laxmaiah vs S.H.Jagadeesh Kumar on 12 February, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A. No.2644 OF 2009
JUDGMENT:
1. Appellant-claimant filed this appeal against the Order and Decree dated 09.07.2004 in O.P.No.321 of 2001 on the file of the Motor Accident Claims Tribunal-C um-IV Additional District Judge (II FTC), where under the Tribunal granted an amount of Rs.12,500/- towards compensation along with interest @ 9% per anuum as against the claim of Rs.75,000/- on account of the injuries sustained by the appellant in the motor vehicle accident occurred on 16.10.2000.
2. The manner of accident and the injuries sustained by the appellant-claimant are not in dispute and the appellant challenged the impugned award only on the quantum of compensation awarded by the Tribunal. Therefore, this Court is not inclined to go into other details other than the quantum of compensation.
3. Heard the learned counsel for the appellant and the learned counsel for the 2nd respondent-Insurance Company.
4. The case of the appellant is that on 16.10.2000 in the early morning he along with other hamalies boarded a lorry to go to Mallepally and when the lorry reached Angadipeta village, another lorry in the opposite direction came in a rash and negligent manner 2 with a high speed and dashed their lorry resulting in grievous injuries and fractures.
5. Learned counsel for the appellant, submitted that the Tribunal erroneously granted meager compensation for the injuries sustained by the appellant and sought to enhance the same.
6. In the accident, the appellant sustained one grievous injury i.e., fracture to his left frontal bone and one simple injury which is laceration would on forehead and multiple small abrasions over both forearms as per Ex.A-8. Taking into consideration the said evidence, the Tribunal awarded total compensation of Rs.12,500/-.
7. In view of the injuries sustained by the appellant, this Court deems it appropriate to enhance the compensation under various heads as follows:
Awarded by Awarded by
Sl.No. Name of Head Tribunal this Court
01. Grievous injuries Rs.7,000/- Rs.25,000/-
and pain and
suffering
02. Simple injuries Rs.1,500/- Rs.5,000/-
03. Medical expenses, Rs.2,000/-- Rs.6,000/-
attendance,
transportation and
extra nourishment
04. Loss of pleasure, 2,000/- Rs.6,000/-
amenities, loss of
earnings etc.
TOTAL Rs.12,500/- Rs.42,000/-
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8. In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed enhancing the compensation amount awarded by the Tribunal from Rs.12,500/- to Rs.42,000/-. The enhanced amount shall carry interest @ 7.5% per annum. Miscellaneous petitions pending, if any, shall stand closed. No costs.
__________________ K.SURENDER, J Date : 12.02.2024 dv