Telangana High Court
Putta Jagan Babu vs Voriganti Anuradha And Another on 14 February, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.891 of 2010
JUDGMENT:
Aggrieved by the award dated 23.04.2008 in O.P. No.744 of 2006 passed by the learned IV Additional District Judge-cum-the Chairman, Motor Vehicle Accidents Claims Tribunal, Warangal, the petitioner has filed this appeal for enhancement of the compensation amount.
2. Heard Sri C.A.R.Seshagiri Rao, learned counsel for the petitioner and Smt. Kalpana Ekbote, learned counsel appearing for respondents and perused the entire material on record.
3. The petitioner/claimant was working as Police Constable and earning about Rs.10,000/- per month. The case of the claimant is that on 27.05.2005, while the deceased was going on his motor cycle after attending duty, a lorry registered bearing No.AP 24 V 2572 came at high speed in a rash and negligent manner and hit the motor cycle. Resulting, the petitioner claimant received three grievous injuries. 1) fracture of Mandible, 2) fracture on the right shoulder and 3) head injury. The accident is not in dispute. However, the trial Court had considered only one grievous injury though P.W.2-Doctor was KS, J MACMA_891_2010 2 examined the deceased and stated that appellant-claimant received three grievous injuries.
4. In the said circumstances, this Court deems it fit and proper to enhance the compensation as follows:
For three grievous injuries (20,000/- x 3) = Rs.60,000/-
Transportation = Rs. 5,000/-
Medical bills = Rs.55,600/-
Loss of earnings = Rs.20,000/-
Pain and suffering = Rs.40,000/-
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Total = Rs,1,80,600/-
5. In the result, the M.A.C.M.A is partly allowed enhancing the compensation amount granted by the Tribunal from Rs.74,540/- to Rs.1,80,600/-(Rupees One lakh eighty thousand six hundred only) with interest at the rate of 7.5 percent per annum from the date of petition till the date of realization to be payable by the respondent Nos.1 and 2 jointly and severally within a period of one(1) month from the date of receipt of a copy of this order. On such deposit of the amount, the claimant is entitled to withdraw the same.
KS, J MACMA_891_2010 3 Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
_________________ K.SURENDER, J Date: 14.02.2024 Lpd