Telangana High Court
Mamidi Nagaiah vs V. Ramshetty Goud, Major on 4 November, 2024
THE HON'BLE SRI JUSTICE J. SREENIVAS RAO
M.A.C.M.A.No.1019 of 2009
JUDGMENT:
Aggrieved by the award dated 19.11.2008 in O.P.No.761 of 2005 passed by the Chairman, Motor Accident Claims Tribunal-cum-I Additional District Judge, Nalgonda, the appellant has filed this appeal for enhancement of the compensation amount.
2. Heard Smt K.Rajitha, learned counsel for the appellant and Sri G.Purushotham Rao, learned counsel appearing for respondent No.2 and perused the entire material on record.
3. Brief facts of the case:
3.1 On 18.05.2005, when the appellant reached the outskirts of Thalla Vellemla Village in a scooter bearing No.AP 24 E 288, one Tata Sumo bearing No.KA 29 N 2345 came in a rash and negligent manner at high speed and gave dash to the appellant from opposite direction, due to which the appellant sustained grievous injuries.2
4. Submissions of learned counsel for the appellant:
4.1. Learned counsel for the appellant contended that as per Ex.A5 i.e., disability certificate issued by the District Medical Board, Nalgonda, the appellant sustained disability of 40%.
However, the tribunal has taken only 20% disability in the absence of any evidence on record. Learned counsel further contended that the appellant has produced the medical bills under Ex.A6 and claimed an amount of Rs.29,099/- towards medical expenses. However, the tribunal has awarded an amount of Rs.5,000/- towards pain and suffering and Rs.15,000/- towards medical expenses, which is meager amount. Learned counsel further contended that the appellant claimed an amount of Rs.1,00,000/-, whereas, the tribunal has awarded an amount of Rs.84,800/- and the appellant is entitled for enhancement of remaining amount of Rs.15,200/- as claimed by him.
5. Submissions of learned counsel for respondent No.2:
5.1. Per contra, learned counsel appearing for respondent No.2 contended that the tribunal after 3 considering the oral and documentary evidence on record has rightly awarded an amount of Rs.84,800/- and the appellant is not entitled for enhancement of compensation.
6. Analysis of the case:
6.1. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the tribunal after considering the evidence on record held that due to rash and negligent driving of the driver of Tata Sumo bearing No.KA 29 N 2345, the accident has taken place and the appellant sustained grievous injuries. The appellant has filed Ex.A5 i.e., disability certificate issued by the Medical Board, wherein it is mentioned that the appellant sustained 40% disability due to fracture of shaft right femur and also filed Ex.A6 i.e., medical bills, hospital expenses and transportation charges.
6.2. Considering the nature of injuries, the tribunal awarded an amount of Rs.5,000/- towards pain and suffering and Rs.15,000/- towards medicines, hospital 4 expenses, transportation charges and extra nourishment, which appears to be meager. Hence, this Court is of the considered view that the appellant is entitled for an amount of Rs.5,000/- towards pain and suffering and Rs.10,000/- towards medical bills, hospital expenses, transportation charges and extra nourishment in addition to the amount awarded by the tribunal. Accordingly, the appellant is granted total compensation amount of Rs.99,800/- (Rs.84,800+15,000).
7. In the result, the M.A.C.M.A is partly allowed, enhancing the compensation amount awarded by the tribunal from Rs.84,800/- to Rs.99,800/-/-(Rupees Ninety Nine Thousand Eight Hundred only). The compensation amount shall be deposited within a period of three (03) months from the date of receipt of a copy of the judgment. The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization. On such deposit, appellant is entitled to withdraw the entire amount without furnishing the security.
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Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
_______________________ J. SREENIVAS RAO, J Date: 04.11.2024 vsl