Telangana High Court
Akiti Raja Reddy R/O Bhiknoor M, ... vs N. Bhoomreddy And Another on 15 February, 2024
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THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A. No.1921 OF 2008
JUDGMENT:
This appeal is preferred by the appellant aggrieved by the order and decree dated 08.12.2005 passed in O.P.No.1114 of 2003 by the Chairman, Motor Accident Claims Tribunal (Fast Track Court), Nizamabad at Kamareddy (for short 'the Tribunal'), whereby the Tribunal has granted compensation of Rs.60,000/- as against claim of Rs.1,25,000/- for the injuries sustained by him in a motor vehicle accident.
2. The claimant while walking on the road of Ryagatpally along with his brother, one scooter came from behind in a rash and negligent manner with high speed and hit him, due to which he sustained injuries.
3. The Tribunal having examined the claimant and having gone through the injury certificate, prescriptions etc. under Exs.A1 to A10 found that the claimant sustained grievous injury i.e. swelling and deformity of left arm abnormal mobility present. X-ray of left arm and shoulder shows humorous. Ex.A2 discloses a fracture of shaft of humorous M 1/3 - U 1/3 both middle and upper. He is 2 also shown to have sustained one more grievous injury i.e. swelling and deformity of left ankle tenderness present. X-ray shows fracture of left lateral malelolous. He is also shown to have sustained one contusion and abrasion of left side chest which is simple in nature. As per the injury certificate - Ex.A2 the claimant sustained two grievous injuries and one simple injury.
4. In view of the Insurance Company not disputing the said injuries, this Court deems it appropriate to enhance the compensation.
5. Accordingly, this Court is inclined to grant compensation under the following heads:
Amount Amount
Sl.
Head awarded by the awarded by
No.
Trial Court this Court
1. Two fracture injuries 40,000-00 60,000-00
2. Simple injury 3,000-00 10,000-00
3. Loss of earnings 12,000-00 24,000-00
4. Medical bills 5,000-000 5,000-00
5. Pain and suffering --- 20,000-00
Total compensation awarded 60,000-00 1,19,000-00
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6. In the result, the appeal is partly allowed enhancing the compensation amount awarded by the Tribunal from Rs.60,000/- to Rs.1,19,000/- 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 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: 15.02.2024 NDS/NS