Telangana High Court
K. Yadaiah vs The Commissioner , on 10 July, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.862 of 2010
JUDGMENT:
This appeal is filed by the claimant aggrieved by the award dated 07.08.2008 in O.P.No.958 of 2005 passed by the Motor Accidents Claims Tribunal-cum-IV Additional District & Sessions Judge, Fast Track Court, Ranga Reddy District.
2. Heard Sri Malipeddi Srinivas Reddy, learned counsel for the appellant/claimant and Sri N.S.Bhaskara Rao, learned counsel for the respondent/Insurance company and perused the entire material on record.
3. The claim petition was filed seeking compensation of an amount of Rs.1,00,000/- and the learned Tribunal has granted compensation of Rs.8,000/- without awarding interest.
4. The case of the claimant is that while he was going on his motor bike, near State Bank of India, Nallakunta, the offending vehicle which is a lorry came at high speed and hit the bike resulting in the claimant falling down and receiving the following injuries:
i) Abrasion on the forearm
ii) Abrasion on the right forearm KS, J MACMA_862_2010 2
iii) Injury on the lateral portion of right chest
5. The claimant was a practicing advocate who has taken treatment and according to him, he could not attend his professional duty for a period of three months.
6. The learned Tribunal found that after considering the nature of injuries, etc., awarding an amount of Rs.8,000/- towards compensation would meet the cause. Further, keeping in view that the petitioner was aged 48 years and on account of the accident he received three injuries whereby he could not attend the Court to perform his profession work, for a period of three months, this Court deems it appropriate to grant an amount of Rs.24,000/- towards compensation under different heads as below:
Head Compensation awarded
(1) Two simple injuries Rs.15,000 (Rs.7,500X2)
(2) Extra nourishment Rs.5,000
(3) Transportation Rs.1,500
(4) Medical expenses Rs.1,500
(5) Pain and suffering Rs.1,000
Total compensation awarded Rs.24,000/-
KS, J
MACMA_862_2010
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7. In the result, the Motor Accident Miscellaneous Appeal is partly allowed enhancing the compensation amount awarded by the Tribunal from Rs.8,000/- to Rs.24,000/- as hereunder:
(a) The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization.
(c) The respondents shall deposit the amount within a period of (8) weeks from the date of receipt of copy of judgment. On such deposit, claimant is permitted to withdraw entire amount without furnishing any security.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
__________________ K.SURENDER, J Date : 10.07.2024 gvl