Telangana High Court
Panga Ravi vs V. Chandrakala And Another on 12 June, 2024
1
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A. No.2720 of 2008
JUDGMENT:
This appeal is preferred by the claimant - appellant aggrieved by the order and decree dated 05.04.2006 passed by the II Additional District Judge, Warangal (for short, 'the trial Court') in M.V.O.P.No.479 of 2005, whereby the trial Court has granted an amount of Rs.40,449/- as against Rs.3,00,000/- claim for the injuries received by him in a motor vehicle accident.
2. The case of the claimant is that on 05.06.2003 at about 05:30 AM while he was proceeding on his cycle to sell newspapers, one Maruthi Car bearing registration No.AP-36-F- 6302 of the respondent No.1 came in high speed, being driven rash and negligently and hit the petitioner, due to which he fell down and sustained bodily injuries and he underwent injuries, apart from incurring huge expenditure.
3. The trial Court, having examined PWs 1 and 2 and marking Exs.A1 to A14, Ex.X1 and Ex.B1, granted compensation of Rs.40,449/- with future interest @ 7.5% per annum from the date of petition till the date of realization with 2 proportionate costs.
4. Heard both sides.
5. The main ground on which, the present appeal was filed is that the Claimant is aggrieved by the meagre compensation that was awarded by the learned Trial Court. Though the claim was made for Rs.3,00,000/-, the learned Tribunal by considering the evidence on record and granted Rs.40,490/-.
6. The manner in which the accident has taken place and the liability is not disputed. However, it is the argument of the claimant that meagre amount was granted towards compensation.
7. In view of the facts and circumstances and on a perusal of the entire material on record, this Court is inclined to enhance the compensation for the following heads as under:
Amount Amount
Sl. awarded awarded
Head
No. by the by this
Trial Court Court
1. Transportation 500-00 2,000-00
2. Extra-nourishment 4,000-00 15,000-00
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3. Loss of earnings 10,000-00 20,000-00
4. Pain, Sufferings and 20,000-00 40,000-00
Mental Agony
5. Purchase of Medicines 5,949-00 ---
Total compensation 40,449-00 77,000-00
awarded
8. In the result, the appeal is partly allowed enhancing the compensation amount awarded by the Trial Court from Rs.40,449/- to Rs.77,000/- as hereunder:
(a) The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization.
(b) The enhanced amount shall be deposited by the respondents jointly and severally within a period of two (2) months from the date of receipt of a copy of this judgment. On such deposit, claimant is permitted to withdraw the amount without furnishing the security.
Miscellaneous applications, pending if any, shall stand closed.
_________________ JUSTICE K.SURENDER Date:12.06.2024 vrks