Telangana High Court
Shaik Khaja Miya vs K.Kandaswamy And Anr on 16 July, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.1142 of 2010
JUDGMENT:
This appeal is filed by the claimant aggrieved by the Order dated 30.04.2010 passed by the Motor Accident Claims Tribunal (VIII Additional District Judge) at Nizamabad (for short, 'the Tribunal') in O.P.No.491 of 2008, 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 is claiming that the Tribunal has granted meager compensation.
4. The case of the claimant is that while he was travelling in an auto-rickshaw along with his wife and daughter, the offending vehicle which is lorry came in opposite direction at high speed and dashed against the auto rickshaw, as a result of which the claimant sustained injuries. PW.2-Doctor examined the claimant and found fracture of right forearm, laceration over the right side forehead, abrasion over the right cheek and 2 abrasion over the right knee joint and a medical certificate was also issued by PW.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.27,000/- which is very less for the injuries received.
7. Keeping in view the fact that the claimant sustained one grievous injury and three simple injuries, 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.8,000/- Rs.10,000/- 2 1 grievous injuries _ 1 x Rs.30,000/-
= Rs.30,000/-
3 3 simple injury _ 3 x Rs.10,000/-
= Rs.30,000/-
4 Pain and suffering Rs.10,000/- Rs.10,000/- 5 Loss of earnings Rs.7,000/- Rs.10,000/- 6 Extra nourishment, Rs.2,000/- Rs.15,000/-
attendant charges and Transportation Total Rs.27,000/- Rs.1,05,000/- 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.27,000/- to Rs.1,05,000/- 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 this 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