Telangana High Court
Gollapalli Venkata Chary vs Gunjuluri Srinvasa Rao on 28 June, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.479 of 2010
JUDGMENT:
Aggrieved by the award and decree, dated 19.08.2008 in M.V.O.P.No.202 of 2002 on the file of the Motor Accidents Claim Tribunal (District Judge), Khammam, the claimant has filed this appeal for enhancement of the compensation amount.
2. Heard learned counsel for the appellant and learned counsel appearing for the respondents and perused the entire material on record.
3. The claimant filed the present appeal questioning the compensation that was granted by the tribunal. According to the claimant, he was running a saw mill. On 10.08.2001, while he was going on scooter at Nelakondapally Village, the offending vehicle which is auto came in opposite direction at high speed and dashed against the scooter, due to which, the claimant sustained fracture to his left shaft femur, rheumatic fracture of left femur 2 and fractures of 2nd and 7th ribs and multiple injuries all over the body.
4. The tribunal, having considered the evidence of the claimant, who was examined himself as PW.1 and also Exs.A1 to A16, granted compensation of Rs.1,35,000/-. However, report found that there was 30% contributory negligence on the part of the claimant in the accident and accordingly directed the respondents to pay 70% of the compensation i.e., Rs.94,500/.
5. In the said circumstances, this Court deems it fit and proper to enhance the compensation as follows:-
Pecuniary damages Rs.90,000/-
Non-Pecuniary damages Rs.90,000/-
Pain and Suffering Rs.25,000/-
Loss of Earnings Rs.15,000/-
Total Rs.2,20,000/-
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9. In the result, the M.A.C.M.A is partly allowed enhancing the compensation amount granted by the Tribunal from Rs.1,35,000/- to Rs.2,20,000/-(Rupees Two lakh Twenty thousand only). The respondent No.2 is directed to pay 70% of the enhanced compensation amount i.e., Rs.1,54,000/- with interest at the rate of 7.5 percent per annum from the date of petition till the date of realization within a period of two (02) months from the date of receipt of a copy of this judgment. On such deposit of the amount, the claimant is entitled to withdraw the same.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
_________________ K.SURENDER, J Date: 28.06.2024 SSY