Telangana High Court
Gone Rajamma vs A. Mahender And Another on 1 August, 2022
Bench: G Sri Devi
THE HON'BLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.1967 of 2007
JUDGMENT:
This appeal is filed by the appellant-appellant aggrieved
by the award and decree, dated 22.03.2006 passed in
O.P.No.973 of 2004 on the file of the Motor Vehicles Accidents
Claims Tribunal (I Additional District Judge) at Warangal (for
short, the Tribunal).
2. The brief facts of the case are that on 06.08.2004 while
the appellant left her house in order to go to her daughter's
house at Nallabelli village on foot and on her way a TVS Victor
Motor Cycle bearing registration No.AP 36 H 8200 being driven
by its rider in a rash and negligent manner at high speed dashed
the appellant, due to which the appellant fell down and
sustained fracture of right shaft femur and other injuries on
right forearm and right leg. It is also stated that immediately
after the accident, the appellant was shifted to Aravinda
Hospital, Warangal, where she took treatment from 06.08.2004
to 16.08.2004 and during the aforesaid period an operation was
conducted to her right thigh. The appellant filed the aforesaid
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Macma_1967_2007
O.P. against respondent Nos.1 and 2, owner and insurer of
aforesaid Motor Cycle, respectively, claiming compensation of
Rs.2,00,000/- for the injuries sustained by her.
3. Considering the claim and the counters filed by the
respondents, and on evaluation of the evidence, both oral and
documentary, the learned Tribunal has partly allowed the O.P.
and awarded compensation of Rs.58,000/- with 7.5% interest
per annum. Being not satisfied with the same, the present
appeal has been filed by the claimant.
4. Heard both sides and perused the record.
5. The finding of the Tribunal with regard to the manner in
which the accident took place has become final as the same is
not challenged by either of the respondents.
6. Insofar as the quantum of compensation is concerned, a
perusal of the material on record, as per Ex.A.2-wound
certificate the appellant had sustained fracture of right shaft
femur and other two simple injuries. The record also reveals
that the appellant has taken treatment for a considerable
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Macma_1967_2007
period ie., from 06.08.2014 to 16.08.2014 and subsequently, she
was also advised to take bed rest for a period of three months.
Thus, looking into the nature of injuries sustained by the
claimant, nature and period of treatment undergone by him and
the amount spent by him towards medical expenses,
transportation, attendant charges and extra nourishment, this
Court feels that the appellant is entitled to the following
amount under various heads.
Sl. Name of Head Awarded by Awarded by
No. Tribunal this Court
Rs. Rs. Ps.
Ps.
1. Pain and suffering 20,000.00 40,000.00
2. Medical expenses 37,000.00 37,000.00
3. Loss of earnings -- 10,000.00
during the period of
treatment
4. Transportation, extra 1,000.00 10,000.00
nourishment and
attendant charges
TOTAL 58,000.00 97,000.00
7. In the result, the M.A.C.M.A. is partly allowed by
enhancing the compensation amount awarded by the Tribunal
from Rs.57,000/- to Rs.97,000/-. The enhanced amount shall
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Macma_1967_2007
carry interest @ 7.5% per annum from today till the date of
realisation. There shall be no order as to costs.
Miscellaneous petitions, if any pending in this appeal,
shall stand dismissed.
_________________
JUSTICE G. SRI DEVI
01.08.2022
gkv
