Telangana High Court
Y Chanderam, Hyderabad vs Manya Udathavathu, Hyderabad And Anr on 14 February, 2024
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THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A. No.2466 of 2015
JUDGMENT:
This appeal is preferred by the claimant - appellant aggrieved by the order and decree dated 16.04.2015 passed by the XI Additional Chief Judge, City Civil Court, Hyderabad (for short, 'the trial Court') in M.V.O.P.No.416 of 2012, whereby the trial Court has granted an amount of Rs.8,30,956/- as against Rs.20,00,000/- claim for the injuries received by him in a motor vehicle accident.
2. The case of the claimant is that on 30.04.2011 he alongwith his friend were going on a motor cycle bearing No.AP 10 TZ TR 0151, one Tipper Lorry bearing No.AP 12 U 8406 came in a rash and negligent manner from opposite direction with high speed and dashed their motor cycle, as a result he sustained fracture of left leg, fracture of right femur and other grievous injuries. It is further case of the claimant is that he had taken treatment in different hospitals, finally it was certified that the claimant had 85% disability under Ex.A12.
3. The trial Court, having examined PWs 1 to 6 and marking Exs.A1 to A13, Exs.X1 to X5 and Ex.B1, granted compensation of Rs.8,30,956/- 2 with simple interest @7.5% per annum from the date of petition till the date of deposit or realization and proportionate costs thereon.
4. Heard both sides.
5. The main ground on which, the present appeal was filed is that the Trial Court had considered the income of the claimant as Rs.4,500/- though the claim of Rs.10,000/- was made.
6. It is not in dispute that the claimant was working as an electrician and the reasonable income during the year 2011 can be considered at Rs.7,500/- per month. It is an undisputed fact that the age of the claimant was '33' years at the time of accident and the appropriate multiplier that applied is '16', hence, it comes to Rs.7,500/- x 12 x 16 = Rs.14,40,000/- and 40% of the future prospects would be Rs.5,76,000/-, then it comes to Rs.20,16,000/-. Since the claimant has sustained 85% disability, the amount for the disability would come to Rs.17,13,600/-.
7. Further, the Trial Court had failed to consider Ex.A10, which is the medical bill for Rs.18,000/- of the Vijaya Hospital, standing in the name of claimant, as such, this Court is inclined to grant Rs.18,000/- for the medical bills.
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8. The Trial Court has also awarded an amount of Rs.60,000/- for three grievous injuries and for pain and sufferance, an amount of Rs.16,556/- for medical expenses, an amount of Rs.10,000/- for attendant, transportation and extra nourishment and a sum of Rs.10,000/- for future surgery, for which, this Court is not inclined to interfere.
9. Accordingly, this Court is inclined to grant compensation under the following heads:
Amount Amount Sl. awarded by Head awarded by No. the Trial this Court Court
1. Loss of future income due to 7,34,400-00 17,13,600-00 disability
2. Medical Expenses 16,556-00 16,556-00
3. Medical Bills under Ex.A10 --- 18,000-00
4. Three grievous injuries and for 60,000-00 60,000-00 pain and sufferance
5. For attendant, transportation and 10,000-00 10,000-00 extra nourishment
6. Future Surgery 10,000-00 10,000-00 Total compensation awarded 8,30,956-00 18,28,156-00
10. In the result, the appeal is partly allowed enhancing the compensation amount awarded by the Trial Court from Rs.8,30,956/- to Rs.18,28,156/- as hereunder: 4
(a) The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization.
(b) The Insurance Company shall deposit the amount within a period of (8) weeks from the date of receipt of a copy of this judgment.
On such deposit, claimant is permitted to withdraw the amount without furnishing the security.
Miscellaneous applications, pending if any, shall stand closed.
______________________ JUSTICE K.SURENDER Date: 14.02.2024 ns