Telangana High Court
J.Saikumar vs Mohd Osman And Anr on 16 July, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.1108 of 2010
JUDGMENT:
This appeal is filed by the claimant aggrieved by the Order dated 04.01.2010 passed by the Additional Chairman Accidents Claims Tribunal-Cum-XX Additional Chief Judge, City Civil Court at Secunderabad (for short, 'the Tribunal') in O.P.No.245 of 2006, 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 case of the claimant is that while he was going on a Hero Honda Motor Cycle with his friend, the offending vehicle which is a lorry came in opposite direction at high speed and dashed the motor cycle from opposite direction, as a result of which the claimant and his friend sustained injuries.
4. 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. 2
5. Learned counsel appearing for the claimant would submit that PW.4-Doctor issued Ex.A.16 disability certificate which reflects 20% disability, however, the disability was not considered by the Court below. Further the income of claimant was shown as Rs.12,000/- and he was bedridden for four (04) months.
6. On the other hand, learned counsel appearing for the Insurance Company would submit that the Court below has rightly deducted 1/3rd of the personal expenses and considered the loss of earnings. Further the finding of the Tribunal regarding the disability not being considered is correct.
7. PW.4-Doctor deposed that the disability is 20%. According to the counsel he was working in Osmania Hospital, the said certificate was given in personal capacity and the certificate was not given by the board which is constituted in the said Hospital for issuing such certificate. I do not find any infirmity with the findings of the Tribunal in not considering the disability factor of 20%.
8. Keeping in view the fact that the claimant sustained 3 one grievous injury, 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 Fracture of both Rs.20,000/- Rs.60,000/-
bones of right leg 2 Medical Bills Rs.52,000/- Rs.52,000/- 3 Loss of earnings Rs.32,000/- Rs.48,000/- 4 Transportation Rs.1,000/- Rs.4,000/-
charges 5 Extra nourishment Rs.1,000/- Rs.10,000/-
charges 6 Pain and suffering _ Rs.20,000/-
Total Rs.1,06,000/- Rs.1,94,000/-
9. In the result, the Motor Accident Civil Miscellaneous Appeal filed by the claimant is allowed in-part, enhancing the compensation amount from Rs.1,06,000/- to Rs.1,94,000/- 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 4 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