Telangana High Court
Dawood Ali Khan vs P.Phani Kumar And Anr on 12 June, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.966 OF 2012
JUDGMENT:
1. The appellant filed this appeal aggrieved by the meagre compensation granted by the Tribunal.
2. Heard the learned counsel for the appellant and the learned counsel appearing for 2nd respondent-Insurance Company.
3. The manner in which the accident had taken place, injuries and liability are not in dispute.
4. The claimant when he was aged 16 years met with an accident while crossing the road. The driver of the offending vehicle which is a Maruti car came at a high speed and hit the appellant resulting in fracture injuries. According to the evidence of Doctor-P.W.2, he received left parieto occipital extradural hematoma and fracture of left tibia. He was later operated for extradural hematoma for removing blood clot on the day of accident. According to P.W.2, injuries are grievous in nature. The Doctor also supported the medical bills that were issued by the hospital. Further, the Doctor assessed disability at 25%.
5. Learned counsel appearing for the appellant would submit that the factum of 25% disability was not considered by the Tribunal 2 while granting compensation. In fact, the appellant had suffered subsequently on account of the accident. In view of the same, the compensation has to be granted considering the disability factor also.
6. On the other hand, learned counsel appearing for the Insurance Company claims that the compensation granted by the Tribunal is adequate.
7. Ex.A-5 is given by P.W.2/Doctor stating that there is disability of 25%. However, nature of disability is not explained by the Doctor. In the cross examination of P.W.2, he stated that the disability is 'mental one'. Neither the claimant had given description of the impact that the accident had in his life nor P.W.2 explained as to how the injury would effect the day to day life of the appellant. Accordingly, the said factum of 25% disability cannot be considered. However, in view of the injuries received by the appellant, this Court is inclined to enhance the compensation as follows:
Awarded by Awarded by
Sl.No. Name of Head Tribunal this Court
01. Two grievous /- Rs.60,000/-
injuries
02. Medical bills Rs.67,650/- Rs.67,650/-
03. Simple injuries /- Rs.20,000/-
04. Pain and suffering Rs.24,000/- Rs.50,000/-
Rs.91,650/- Rs.1,97,650/-
TOTAL
3
8. In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed enhancing the compensation awarded by the Tribunal from Rs.91,650/- to Rs.1,97,650/-. The enhanced amount shall carry interest @ 7.5% per annum from the date of petition till the date of realization. Except the above enhancement, the award of the Tribunal shall remain same on all other aspects. Miscellaneous applications, if any pending, shall stand closed.
__________________ K.SURENDER, J Date : 12.06.2024 dv