Telangana High Court
B. Santhosh, Nanded District vs Ottem Srinivas And Anr, Nizamabad on 3 September, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.1875 of 2009
JUDGMENT:
This appeal is filed by the claimant aggrieved by the award dated 23.04.2007 in O.P.No.1195 of 2002 passed by the Motor Accidents Claims Tribunal-cum-VIII Additinoal District Judge, Nizamabad.
2. Heard both sides and perused the entire material on record.
3. The claim petition was filed by the claimant seeking compensation of Rs.4,00,000/- for the injuries received by him in the motor vehicle accident.
4. According to the claimant, while he was standing on the side of the road at Gangaramanda village shivar on Nandipet to Nizamabad road and at the time, the auto bearing No.AP 25U 1995 driven in a rash and negligent manner and at high speed and dashed the claimant with the auto, due to which the claimant sustained fracture of both bones of right leg, fracture of skull and injuries on KS, J MACMA_1875_2009 2 head, face and both eyes. Because of the permanent disability sustained, he is unable to attend his duties.
5. The claimant in the accident, sustained fracture injuries and disability.
6. As per the evidence of claimant/PW1, PW2/doctor and Exs.A7 and A10, the claimant suffered the injuries i.e.
i) fracture of both bones of right leg, ii) fracture of skull and injuries on head, iii) face and both eyes. The doctor/PW2 certified that he had 40% partial permanent disability, however, the said disability factor was not considered by the Tribunal on the ground that there was no corroborating evidence to the disability factor like x-ray, etc. Hence, this Court is also not inclined to interfere with the said finding.
7. The Tribunal has granted an amount of Rs.15,000/- towards one fracture injury, Rs.1,500/- towards one simple injury and however, the said amount was not calculated during the final result of petition. Further, no amount was granted towards pain and suffering. As the petitioner has KS, J MACMA_1875_2009 3 sustained grievous injury and one simple injury, this Court is inclined to grant an amount of Rs.30,000/- towards grievous injury, Rs.10,000/- towards simple injury and Rs.20,000/- towards pain and suffering.
8. As per the evidence available on record, the Tribunal has considered an amount Rs.17,877/- towards medical bills, but as there was contributory negligence at 50%, the Tribunal has granted an amount of Rs.8,939/- and this Court after perusing the record observed that there was a fracture sustained by the claimant and spent huge amount towards medicines and treatment, hence, this Court is inclined to grant Rs.17,877/- towards medical expenses.
9. The Tribunal has not granted any amount under the other conventional heads. Hence, this Court is inclined to grant an amount of Rs.10,000/- for transportation & attendant charges each and Rs.10,000/- for extra nourishment.
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10. In the light of the above discussion, the claimant is entitled for the following compensation:
Head Compensation awarded (1) One grievous and simple injury Rs.30,000/- (2) Medical expenses Rs.17,877/- (3) Pain and suffering Rs.20,000/- (4) Extra nourishment Rs.10,000/- (5) Transport Rs.10,000/- (6) Attendant charges Rs.10,000/- Total compensation awarded Rs.97,877/-
11. In the result, the Motor Accident Miscellaneous Appeal of the claimant is partly allowed by enhancing the compensation amount awarded by the Tribunal from Rs.8,939/- to Rs.97,877/- as hereunder:
(a) The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization.
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(b) The respondent-insurance company shall deposit the amount within a period of (8) weeks from the date of receipt of copy of judgment. On such deposit, claimant is entitled to withdraw the entire amount without furnishing any security. Pending miscellaneous petitions, if any, shall stand closed.
__________________ K.SURENDER, J Date: 03.09.2024 mmr