Ramanjaneyulu vs S. Ramesh Kumar And 2 Others
2021 Latest Caselaw 4381 Tel

           THE HONOURABLE JUSTICE G. SRI DEVI

                     M.A.C.M.A. No.1453 of 2007

JUDGMENT :

This appeal is filed by the Claimant, aggrieved of the order and

decree dated 28.04.2007 in O.P.No.376 of 2005 on the file of Motor

Accident Claims Tribunal-cum-I-Additional District Judge,

Mahabubnagar.

2. On 03.09.2004, due to the rash and negligent driving of Bus

bearing No.AP-22-TY-9801 by its driver, it dashed against the Jeep in

which the appellant was travelling, causing injuries to the appellant

and others. Therefore, the above O.P. was filed seeking compensation

of Rs.1,00,000/-

3. The Tribunal, on examining the oral and documentary evidence,

partly allowed the O.P., awarding compensation of Rs.5,000/- along

with costs and interest @ 7.5% per annum from the date of petition till

the date of realization. Seeking enhancement of compensation, the

appellant-claimant has filed this appeal.

4. Heard learned counsel for appellant. As there was no

representation on behalf of 2nd respondent-Insurance Company, This

Court heard Sri A.Ramakrishna Reddy as counsel for the 2nd

respondent-Insurance Company. Perused the record.

5. The learned Counsel for the appellant-Claimant has contended

that the Tribunal has failed to consider the evidence adduced on

GSD, J MACMA.No.1453 of 2007

behalf of the claimant in proper perspective and erred in granting the

meager amount of Rs.5,000/-. It is contended that the left shoulder of

the appellant-claimant got dislocated due to the accident, which is

grievous injury. It is further contended that the Tribunal has erred in

not granting compensation under customary heads to be granted for

accident victims. Seeking enhancement of compensation, the present

appeal is filed.

6. In the present case, admittedly, the appellant has sustained

simple injuries in the accident, however, this Court is of the

considered view that the Tribunal has not considered the injuries

sustained by the appellant-claimant in proper perspective.

7. Thus, this Court feels that the appellant is entitled to the

following amount towards compensation under various heads:

Sl. Name of Head              Awarded          by Awarded      by   this
No.                           Tribunal            Court
                              Rs.            Ps.  Rs.         Ps.
1.    Pain and suffering                 2,000.00            30,000.00
2.    Extra nourishment                    500.00             3,000.00
3.    Medical expenses                     570.00             5,000.00
4.    Transport expenses.                1,000.00             5,000.00
5.    Loss of earnings for                 900.00             6,000.00
      one month

             TOTAL                       4,970.00         Rs.49,000.00

                                  (rounded off to
                                    Rs.5,000.00)

8. In the result, the M.A.C.M.A. is allowed by enhancing the

compensation amount awarded by the Tribunal from Rs.5,000/- to

Rs.49,000/-. The enhanced amount will carry interest at 7.5% p.a.

GSD, J MACMA.No.1453 of 2007

from the date of order passed by the Tribunal i.e. 28.04.2007 till the

date of realization, payable by respondents 1 and 2 jointly and

severally. There shall be no order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

____________________ JUSTICE G.SRI DEVI Date: 16.12.2021 ajr