Telangana High Court
Sk. Hussain vs Palla Prabhakar Reddy on 16 July, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.1132 of 2010
JUDGMENT:
This appeal is filed by the claimant aggrieved by the Order dated 13.04.2010 passed by the Motor Accidents Claims Tribunal (District Judge) at Khammam (for short, 'the Tribunal') in M.V.O.P.No.1214 of 2007, seeking enhancement of compensation granted by the Tribunal.
2. Heard learned counsel appearing on both sides and perused the material available on record.
3. The claimant while going on the main road on his cycle to his agriculture fields, the offending vehicle which is a Tractor driven by its driver, came in a rash and negligent manner with high speed and dashed the claimant. Resultantly the claimant fell down and the Tractor's front tyres ran over both the legs of the claimant.
4. According to the Doctor, the claimant sustained fracture of both bones of left leg; bimalleolar fracture right ankle joint, abrasion over right forehead, abrasion over right knee joint and lacerated wound over right leg. 2
5. The manner in which the accident had taken place, the injuries sustained by the claimant and the liability are not disputed by the Insurance Company.
6. Learned counsel appearing for the claimant would submit that the Tribunal has awarded only Rs.1,00,000/- which is very less for the injuries sustained by the claimant.
7. Keeping in view that the claimant sustained two fractures which are grievous in nature and three simple injuries and also the admitted fact that he requires future treatment, this Court deems it appropriate to enhance the compensation as follows:
Sl. Head Compensation Compensation No awarded by the awarded by this Tribunal Court 1 Medical expenses Rs.50,000/- Rs.50,000/- 2 2 fractures _ 2 x Rs.30,000/-
= Rs.60,000/-
3 3 simple injuries _ 3 x Rs.10,000/-
= Rs.30,000/-
4 Pain and suffering Rs.25,000/- Rs.25,000/- 5 Future Prospects Rs.25,000/- Rs.25,000/- 6 Loss of earnings _ Rs.10,000/- 7 Extra nourishment, _ Rs.25,000/-
attendant charges and Transportation Total Rs.1,00,000/- Rs.2,25,000/- 3
8. In the result, the Motor Accident Civil Miscellaneous Appeal filed by the claimant is allowed in-part, enhancing the compensation amount from Rs.1,00,000/- to Rs.2,25,000/- as hereunder:
(a) The enhanced amount shall carry interest at the rate of 7.5% per annum from the date of petition till the date of realization.
(b) The Insurance Company shall deposit the compensation amount within a period of eight (8) weeks from the date of receipt of a copy of the judgment. On such deposit, the claimant is permitted to withdraw the entire amount without furnishing any security.
(c) The claimant shall pay the deficit court fee for the enhanced compensation. The rest of the impugned Order holds good. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
________________________ JUSTICE K.SURENDER Date: 16.07.2024 vsu