Telangana High Court
K.Ramu , Ramulu vs M. Srinivasulu And Another on 27 June, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.1295 of 2008
JUDGMENT:
This appeal is filed by the claimant aggrieved by the Order dated 17.12.2007 passed by the learned Chairman, Motor Accident Claims Tribunal-cum-X Additional Chief Judge (FTC), City Civil Courts, Hyderabad (for short, 'the Tribunal') in O.P No.2219 of 2005, seeking for enhancement of compensation granted by the Tribunal.
2. Heard Mr.C.Vikram Chandra, learned counsel for the appellant/claimant, Mr.R.Venkat Rao, learned counsel for respondent No.1/owner as well as Mr.N.S.Bhaskar Rao, learned counsel for respondent No.2 and perused the material available on record.
3. The claimant is seeking enhancement of the compensation that was granted by the Tribunal. According to the claimant while he was going on the road, the offending vehicle came in a high speed and dashed against him resulting which he sustained severe injuries. The involvement of the crime vehicle was proved before the Tribunal.
2
4. Keeping in view that there was a fracture injury of the right femur and the treatment was taken for two months, this Court deems it appropriate to grant the compensation as follows:
Sl.No. Head Amount
1 One fracture Rs.30,000-00
1 x 30,000/-
2 Loss of earnings for two Rs. 7,000-00
months
2 x 3,500/-
3 Pain and suffering Rs.20,000-00
4 Extra-nourishment and Rs. 5,000-00
attendant charges
5 Transportation Rs. 5,000-00
6 Medical expenses Rs. 5,000-00
7 Disability Rs.1,13,400-00
Rs.3,500/- x 12 x 18 x 15/100
Total Rs.1,85,400-00
5. Since the offending vehicle did not have the policy, the question of liability of the Insurance Company does not arise. The Tribunal found that the policy was fake accordingly direction was given to recover the compensation amount from the owner of the vehicle, who is respondent No.1.
3
6. In the result, the Motor Accident Civil Miscellaneous Appeal filed by the claimant is allowed in-part, enhancing the compensation amount from Rs.47,500/- to Rs.1,85,400/- 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) Respondent No.1/owner shall deposit the compensation amount within a period of eight (8) weeks from the date of receipt of a copy of 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: 27.06.2024 ynk