Telangana High Court
K. Kumara Chary, Achampet, ... vs R. Lachiram, Nawab Sab Kunta, Hyderabad ... on 7 March, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.2594 of 2008
J U D G M E N T:
Aggrieved by the award dated 12.03.2008 in O.P. No.446 of 2006 passed by the learned Motor Accidents Claims Tribunal-Cum-VII Additional District Judge at Mahabubnagar, claimant has filed this appeal for enhancement of the compensation amount.
2. The claimant, who was working as a bore mechanic claimed compensation of Rs.2,00,000/- for injuries sustained by him in an accident that occurred on 31.07.2006 while he was proceeding in Jeep bearing No.AP 21 W 2367 and when the Jeep crossing Veldanda Village a Lorry bearing No.AP 12 U 7210, owned by respondent No.1 and insured with respondent No.2, driven by its driver in a rash and negligent manner at high speed and dashed the Jeep from opposite direction. As a result of which, the claimant sustained compound fracture of mandible right side, head injury, injury on right hand. Immediately after the accident, he was shifted to Government Hospital, Kalwakurthy and from there he was shifted to 2 Osmania General Hospital, Hyderabad, where he underwent an operation and also spent huge amount for his treatment.
3. Considering the claim, counter filed by the Insurance Company and the oral and documentary evidence produced by both the parties, the tribunal has granted an amount of Rs.30,000/- as compensation together with interest. Aggrieved by the same the present appeal is filed by the claimant.
4. The manner in which the accident has taken place and the injuries received is not in dispute for the said reason the said aspects are not discussed.
5. Insofar as the compensation is concerned, the tribunal found that on perusal of Exs.A2 and A7 medical certificates, the petitioner had received one grievous injury and one simple injury. For the said reason, Rs.5,000/- for grievous injuries and Rs.1,000/- for simple injury was granted and another Rs.4,000/- for loss of income for the bedridden period and Rs.20,000/- was granted towards the pain and suffering and medical bills.
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6. Learned counsel for the appellant would submit that the doctor, who was examined as P.W.2 had specifically stated that the teeth of the claimant were missing and that he was advised for surgical correction of mal-union of fracture segments etc. for replacing of his teeth. The said procedure would require nearly Rs.40,000/-. Further, meagre amount was granted for the grievous injury received.
7. Keeping in view the nature of injuries and also the medical treatment that was required as per the evidence of P.W.2-doctor, this Court deems it appropriate to enhance the compensation.
Sl. Name of Head Awarded by Awarded by this
No. Tribunal Court
Rs. Ps. Rs. Ps.
1. One grievous injury and 6,000.00 25,000.00
one simple injury
2. Pain and suffering -- 20,000.00
3. Medical Bills 20,000.00 40,000.00
4. Loss of income 4,000.00 5,000.00
5. Transportation, -- 15,000.00
attendant and extra
nourishment
TOTAL 30,000.00 1,05,000.00
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8. Accordingly, the appeal is partly allowed by enhancing compensation from to Rs.30,000/- to Rs.1,05,000/-(Rupees One Lakh Five Thousand only). The enhanced amount shall carry interest @ 7.5% p.a. from the date of petition till the date of realization. The respondents are directed to deposit the said amount with costs and interest, after deducting the amount, if any already deposited, within a period of two months from the date of receipt of the copy of this judgment. On such deposit, the petitioner is permitted to withdraw the said amount. There shall be no order as to costs.
9. Miscellaneous petitions, if any pending shall stand closed. No costs.
__________________ K.SURENDER, J Date: 07.03.2024 dsv