Chakka Rama Mohan vs C Hussain Another
2023 Latest Caselaw 5305 AP

THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

                   M.A.C.M.A.No.3277 OF 2014

J U D G M E N T:

Heard learned counsel representing Sri D.Kodandarami

Reddy, learned counsel for the appellant and learned counsel

representing Sri P.B.Narasimha Murthy, leaned counsel for the

respondent No.2/Insurance Company.

2. This is an appeal filed against the Order and Decree

dated 16.04.2014 in M.V.O.P.No.169 of 2010 on the file of Motor

Vehicle Accident Claims Tribunal-cum-I Additional District

Judge, Kadapa.

3. This appeal is filed by the claimant in the above case

seeking enhancement of the compensation awarded by the

learned Tribunal for the grounds adjourning the appeal.

4. The learned Tribunal as awarded a sum of

Rs.4,09,200/- under various heads with interest at the rate of

7.5% per annum from the date of petition till the date of deposit

of the amount, while holding that the respondent Nos.1 and 2

jointly and severally liable to pay the compensation to the

petitioner/claimant.

5. The admitted fact in the case is that the right leg of

the appellant/claimant was amputated below to the level of knee.

It is also an admitted fact that he was working as a shepherd at

the time of accident, he was aged about 28 years and unmarried.

The disability certificate issued by Dr.C.Sanjeevaiah (PW-3) would

show that on account of amputation of the right leg, the

appellant/claimant suffered permanent partial disability of 70%.

6. The learned Tribunal considered the said physical

disability with reference to the evidence of PW-3 and assessed the

functional disability of 40%, and awarded a sum of Rs.3,26,400/-

towards loss of future earnings. The learned Tribunal awarded

Rs.30,000/- towards pain and suffering, Rs.1,800/- towards

medicines, Rs.10,000/- towards transportation charges,

Rs.3,000/- towards extra nourishment, Rs.5,000/- towards

attendant charges, Rs.8,000/- towards loss of earnings during

the period of treatment and Rs.25,000/- towards disfiguration,

discomfort and loss of marriage prospects, and in all awarded

Rs.4,09,200/-, out of the claim for Rs.5,00,000/-.

7. Now the point for consideration in this appeal is as

under:

"Whether the amount awarded by the Tribunal is not just compensation"?

8. P O I N T:

Upon hearing, the learned counsel for the

appellant/claimant and learned counsel for the

respondent/Insurance company and considering the grounds

urged the appeal, this Court is of the opinion that the amount

awarded by the Tribunal towards disfiguration, discomfort and

loss of marriage prospects at Rs.25,000/- (loss of amenities)

appears to a meager amount and it requires enhancement.

Therefore the said amount is enhanced to Rs.1,15,000/-, from

Rs.25,000/-. This Court is of the considered opinion that so far

as the other amounts are concerned, they do not require any

modification, and can be confirmed, as reasonable, basing on the

evidence, facts and circumstances of the case.

9. In the light of above discussion, this Court is of the

considered opinion that the claimant is entitled to an amount of

Rs.1,15,000/- under the head loss of amenities, instead of

Rs.25,000/- awarded by the learned Tribunal. Accordingly, the

point is answered.

10. In the result, the appeal is partly allowed, by

modifying the Order and Decree of the learned Tribunal holding

that the appellant/claimant is entitled to Rs.4,99,200/-, instead

of Rs.4,09,200/- as awarded by the Tribunal and the claimant is

entitled interest @ 7.5% p.a. on the compensation amount, from

the date of petition, till the date of deposit, towards just

compensation.

11. The 2nd respondent/Insurance Company is directed

to deposit the compensation amount within 30 days from the

date of this Judgment. If the 2nd respondent/Insurance

Company already deposited any amount, the same can be

deducted from the amount awarded. On such deposit, the

appellant/claimant is permitted to withdraw the amount along

with accrued interest thereon. There shall be no order as to

costs.

12. As a sequel, miscellaneous applications pending, if

any, shall stand closed.

JUSTICE B.V.L.N.CHAKRAVARTHI

04th November, 2023.

Pmk

THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

M.A.C.M.A.NO.3277 OF 2014

Date: 04.11.2023 Pmk