Telangana High Court
Vaidhyam Vinay , Vinay Kumar, vs K.Ravi Kumar, on 16 July, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.1312 of 2012
JUDGMENT:
This appeal is filed by the claimant aggrieved by the Order dated 25.02.2011 passed by the Chairman, M.A.C.T-Cum-I Additional District Judge at Nalgonda (for short, 'the Tribunal') in O.P.No.518 of 2007, seeking enhancement of compensation granted by the Tribunal.
2. Heard learned counsel appearing for the either side and perused the material available on record.
3. The claimant was a student. While he was going on a motor cycle on 24.02.2007, the offending vehicle which is an Ambassador Car, came in a rash and negligent manner at high speed and dashed the motor cycle of the claimant, as a result of which the claimant sustained abrasion over left frontal temporal region, abrasion over left leg on upper 3rd middle, swelling and tenderness on right thigh and tenderness in left collar.
4. According to the Doctor, three injuries are grievous in nature and one injury is simple in nature. 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.1,10,000/- which is very less for the injuries sustained by the claimant.
7. Keeping in view the fact that the claimant sustained abrasion over left frontal temporal region, abrasion over left leg on upper 3rd middle, swelling and tenderness on right thigh and tenderness in left collar, 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.60,000/- Rs.60,000/-
2 3 grievous injuries 3 x Rs.15,000/-= 3 x Rs.30,000/-=
Rs.45,000/- Rs.90,000/-
3 1 simple injury - 1 x Rs.10,000/-=
Rs.10,000/-
4 Pain and suffering Rs.5,000/- Rs.20,000/-
5 Extra nourishment, - Rs. 20,000/-
attendant charges and
Transportation
Total Rs.1,10,000/- Rs.2,00,000/-
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.1,10,000/- to Rs.2,00,000/- 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. 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