Telangana High Court
The Oriental Insurance Company Limited vs S.Laxmi Narayana And Anr on 20 February, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.3425 of 2012
JUDGMENT:
Aggrieved by the award dated 09.04.2008 in O.P. No.69 of 2003 passed by the learned I Additional Chief Judge-cum-the Chairman, Motor Vehicle Accidents Claims Tribunal, City Civil Court, Secunderabad, the petitioner has filed this appeal for enhancement of the compensation amount.
2. Heard Sri P.Gangarami Reddy, learned counsel for the petitioner and Sri R.Narender, learned counsel appearing for respondents and perused the entire material on record.
3. The petitioner was working as Tailor. The case of the petitioner is that on 23.12.2001, while he was proceeding from Basheerbagh to Indiranagar on Scooter along with his brother's son Shiva Prasad and his friend Mallesh, when they reached RTC colony, near Graveyard, Tirumalgherry, Secunderabad, one lorry bearing No.AET 6568 driven by its driver in a rash and negligent manner with high speed, came from opposite direction and hit the petitioner, due to which, he fell down on the road and sustained multiple grievous injuries all over the body. Immediately, he was shifted to Gandhi KS, J MACMA_3425_2012 2 Hospital which is Government Hospital and was discharged. Thereafter, he was treated privately by P.W.5-Dr.G.Subhash Rao.
4. The Tribunal having considered the evidence on record, taken into consideration the income of the claimant as Rs.3,000/- as claimed by him. Though P.W.5 issued Disability Certificate assessing the disability at 30%, the Tribunal found that there was no documentary evidence which was provided by the claimant to show that he had taken treatment as outpatient. In the said circumstances, claim of 30% disability was not considered by the Tribunal. In the absence of any proof that P.W.5 treated the claimant after his discharge from the hospital, the Tribunal has refused to rely on the certificate issued by P.W.5.
5. However, in view of the claimant receiving injuries of clavicle fracture at left side and proximal end of the right tibia, he was operated on 30.12.2001 and fore hold INR plate fixed into the bone and that the bone was united at the time of discharge. The cost involved in procedure for removing the plate was not considered by the Tribunal. Being Tailor, The Tribunal assessed his income as Rs.3,000/- per month and awarded Rs.6,000/- for two months towards loss of income, KS, J MACMA_3425_2012 3 Rs.30,000/- towards pain and suffering and Rs.61,346/- towards medical expenses, in total, an amount of Rs.97,346/- was awarded towards total compensation, to the petitioner.
6. In the said circumstances, this Court deems it fit and proper to consider the income of the claim at Rs.3,700/- since the daily batta of Rs.50/- as claimed by the petitioner was not considered by the Tribunal and enhance the compensation as follows:
Medical bills = Rs. 82,746/-
Loss of earnings (Rs.3,700/- x 2 months) = Rs. 7,400/-
Pain and suffering = Rs. 50,000/-
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Total = Rs.1,40,146/-
7. In the result, the M.A.C.M.A is partly allowed enhancing the compensation amount granted by the Tribunal from Rs.97,346/- to Rs.1,40,146/-(Rupees One Lakh Forty Thousand one Hundred and Forty Six 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 KS, J MACMA_3425_2012 4 of the amount, the claimant is entitled to withdraw the same without furnishing any security.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
_________________ K.SURENDER, J Date: 20.02.2024 Lpd