Telangana High Court
Shaik Masood, Nizamabad vs Syed Arif And Another on 8 November, 2024
HON'BLE SRI JUSTICE J. SREENIVAS RAO
M.A.C.M.A. No.1689 of 2010
JUDGMENT:
Dissatisfied with the quantum of compensation awarded by the learned Chairman, Motor Accidents Claims Tribunal-cum- Addl. District and Sessions Judge, Kamareddy (for short 'the Tribunal') in O.P. No.242 of 2009, dated 06.05.2010, the present appeal is filed by the claimant seeking enhancement of compensation.
2. Heard Sri P.Anvesh Reddy, learned counsel, representing Sri L.Dayakar Reddy, learned counsel for the appellant and Sri Ch.Venkatnarayana, learned counsel, representing Sri V.Venkatarami Reddy, learned counsel for respondent No.2-United India Insurance Company Limited.
3. Brief facts of case:
3.1 On 11.05.2002 while the appellant was proceeding on the scooter bearing No. AIM 5459 from Devanpally to Kamareddy along with one pillion rider by name Md.Sarver and passing through Devanpally village limits, in the meantime, a Jeep bearing No. APR T 5486 came in a rash and negligent manner at high speed and dashed his scooter from his back side, as a result of 2 which, he and pillion rider sustained multiple grievous injuries and he was shifted to Area Hospital, Kamareddy and from there he was referred to Government Hospital, Nizamabad but he was admitted in a private hospital at Nizamabad for further treatment and he spent an amount of Rs.1,50,000/- towards his treatment and medical expenses. Due to the injuries sustained by him, he became permanently disabled. Thus, the appellant claimed compensation of Rs.2,00,000/- under various heads against respondent Nos.1 and 2.
4. Learned counsel for the appellant vehemently contended that though the appellant sustained grievous injuries along with minor injuries, the Tribunal has not awarded any amount to the injuries and awarded only an amount of Rs.18,000/- towards loss of income by taking the income of the appellant at Rs.3,000/- per month. He further contended that by virtue of the principle laid down by the Hon'ble Supreme Court in Ramachanrappa vs Manager, Royal Sundaram Allian. Company Limited 1, the Tribunal ought to have taken the income of the appellant at Rs.4,500/- per month and that the Tribunal has not awarded any amount towards cost of litigation, as per the principle laid down by the Hon'ble Supreme Court in V.Mekala v. M.Malathi and 1 (2011) 13 SCC 236 3 another 2. Therefore, the appellant is entitled for the amount as claimed in the appeal.
5. Per contra, learned counsel for respondent No.2 submits that the Tribunal after taking into consideration the oral and documentary evidence on record, has rightly awarded an amount of Rs.57,000/- towards compensation under all heads. Therefore, the appellant is not entitled for enhancement of compensation as claimed by him in the appeal.
6. This Court considered the rival submissions made by the respective parties and perused the records. It is an undisputed fact that due to rash and negligent driving of the driver of jeep bearing No.APR.T.5486, the accident was taken place on 11.05.2002, as a result of which, the appellant has sustained grievous injuries. The impugned award reveals that the Tribunal has not awarded any amount to the appellant for the injuries sustained by him i.e. one fracture injury on his head and simple injuries on elbow and wrist etc. Hence, this Court is of the considered view that the appellant is entitled for Rs.50,000/- for one grievous head injury and Rs.25,000/- for simple injuries sustained by him. Similarly, the appellant is also entitled an 2 2014 (5) ALD 42 SC 4 amount of Rs.27,000/- towards loss of income for six months @ Rs.4,500/- per month, which can be taken, as per the principle laid down by the Hon'ble Supreme Court in Ramachanrappa (supra). The appellant is also entitled for Rs.10,000/- towards litigation expenses as per the principle laid down by the Hon'ble Supreme Court in V.Mekala (supra). Thus in all, the appellant is entitled for the amount as shown below:
Sl. Name of the head Amount Amount
No. awarded by awarded by
the Tribunal this Court
Rs. Rs.
01. For injuries -- 75,000-00
02. Pain and suffering 20,000-00 20,000-00
03. Transport, medical 19,000-00 19,000-00
expenses and nourishment
04. Loss of income 18,000-00 27,000-00
05. Litigation expenses -- 10,000-00
Total: 57,000-00 1,51,000-00
7. In the result, the M.A.C.M.A. is allowed in part enhancing the compensation amount awarded by the Tribunal from Rs.57,000/- to Rs.1,51,000/-. The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of 5 realization against the respondent Nos.1 and 2 jointly and severally. Respondent Nos.1 and 2 are directed to deposit the enhanced compensation amount with accrued interest within a period of two months from the date of receipt of a copy of this order. On such deposit, the appellant is entitled to withdraw the said amount without furnishing any security. No costs.
Miscellaneous petitions, if any pending, shall stand closed.
______________________________ JUSTICE J. SREENIVAS RAO Date: 08.11.2024 pgp