Telangana High Court
Sk. Khader Wali vs P. Srinivas And Another on 20 February, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A. No.861 OF 2008
JUDGMENT:
1. This appeal is preferred by the claimant-appellant aggrieved by the Order and Decree dated 05.04.2007 passed by the I Additional District (Motor Accidents Claims Tribunal) at Nizamabad. (for short, the Tribunal) in O.P.No.1909 of 2001, whereby the Tribunal has granted only an amount of Rs.1,20,000/- claim for the injuries sustained by him in a motor vehicle accident.
2. Heard learned counsel appearing for the appellant- claimant and learned Standing Counsel appearing for the Insurance Company.
3. The case of the claimant is that on 04.05.2001, while the claimant was going to Telecom Office at Gandhi Gunj, Nizamabad, from T.D.M Office on his cycle on the left side of the road at about 6:00 p.m., when he reached near Namdevwada street, at a distance of 1 ½ kms towards east from Police Station Traffic, meanwhile rider of a scooter bearing No.AP 25F 8966 came in a rash and negligent manner with high speed and 2 dashed the bicycle of the petitioner. The petitioner sustained multiple fracture injuries on the left thigh to hip joint and other grievous injuries all over the body. Thereafter, he had taken treatment privately and also spent amounts for his treatment.
4. The trial Court, having examined PWs 1 to 2 and marking Exs.A1 to A18, and Ex.B1, granted compensation of Rs.1,20,000/- with simple interest @7.5% per annum from the date of petition till the date of deposit or realization and proportionate costs thereon.
5. The claim was made for Rs.4,00,000/- on the ground that he was earning Rs.9,000/- per month as salary and Rs.6,000/- per month from agriculture. In fact, he incurred more than Rs.2,00,000/- for treatment. For the said reason, Rs.4,00,000/- is to be awarded.
6. The learned tribunal having gone through the evidence found that the disability certificate which was issued by Dr.Ramulu cannot be considered in view of the observations of the said Court.
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7. However, the compensation for the injuries received is Rs.5,000/- which is on the lower side, accordingly enhanced to Rs.30,000/-, in addition to this, attendant charges of Rs.15,000/-. For medical expenses, pain and suffering and loss of estate, the Tribunal has awarded reasonable amount, for which, this Court is not inclined to interfere
8. Accordingly, this Court is inclined to grant compensation under the following heads:
Amount Sl. Amount awarded by Head awarded by No. the Trial this Court Court
1. Compensation for 5,000-00 30,000-00 grievous injury
2. Medical and Operation 45,000-00 45,000-00 Expenses
3. Pain and Suffering 25,000-00 25,000-00
4. Loss of estate 25,000-00 25,000-00
5. For, transportation and 20,000-00 20,000-00 extra nourishment
6. Attendant charges Nil 15,000-00 Total compensation 1,20,000-00 1,60,000-00 awarded 4
9. Accordingly, the MACMA is partly allowed enhancing the compensation from Rs.1,20,000/- to 1,60,000/- (Rupees One Lakh Sixty thousand only) with interest at 7.5% p.a. on the enhanced amount from the date of petition till realization. There shall be no order as to costs.
As a sequel, miscellaneous applications, if any, pending in this appeal shall stand closed.
_________________ K.SURENDER, J Date: 20.02.2024 dgr