Telangana High Court
Shaik Jaffar vs Mohd Ashwak Anr on 17 August, 2022
Bench: M.G.Priyadarsini
THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
M.A.C.M.A. No.179 of 2014
JUDGMENT:
Dissatisfied with the quantum of compensation awarded
by the Chairman, Motor Accident Claims Tribunal-cum-III
Additional District Judge (FTC), Nizamabad in O.P. No.1990 of
2003, dated 09.01.2007, the present appeal is filed by the
claimant.
2. Vide aforesaid order, the Tribunal has awarded an
amount of Rs.22,000/- towards compensation to the appellant-
claimant against the respondents herein who are owner and
insurer of the offending vehicle i.e., TVS Victor motorcycle
bearing No. AP.25.H.8801, jointly and severally, along with
proportionate costs and interest @ 7.5% per annum from the
date of the petition till realization, as against the claim of
Rs.2,50,000/- laid by the appellant-claimant for the injuries
sustained by him in a road accident that occurred on
01.11.2003.
3. According to the petitioner, on 01-11-2003 the petitioner
who was aged 15 years was peddling the cycle very slowly from
Rajnagar towards Dubba and at about 5-30 p.m., when he
reached near Krishna Talkies, one motorcycle bearing No.
AP.25.H.8801 came in a rash and negligent manner at high
speed from opposite direction on wrong side of the road and
gave dash to his cycle. Due to which the petitioner fell down
and front wheel of the motorcycle ran over him.
4. Heard the learned counsel for the appellant-claimant and
the learned Standing Counsel for the New India Assurance
Company Limited. Perused the material available on record.
5. The learned counsel for the appellant-claimant has
submitted that although the claimant, by way of evidence of
P.Ws.1 to 3, and Exs.A.1 to A.11, established the fact that the
petitioner has sustained permanent disability due to the
injuries received by him in the accident, the Tribunal awarded
very meager amount of Rs.22,000/- under various heads.
6. The learned Standing Counsel appearing on behalf of
respondent No.2 sought to sustain the impugned award of the
Tribunal contending that considering the nature of injuries
sustained by the petitioner and the treatment taken by him,
the learned Tribunal has awarded just and reasonable
compensation and the same needs no interference by this
Court.
7. Admittedly, there is no dispute with regard to the manner
of accident and the involvement of the offending vehicle i.e.,
motorcycle bearing No.AP.25.H.8801.
8. According to the oral and documentary evidence available
on record, it is clearly established that the petitioner has
sustained one fracture injury and was admitted in the hospital
of PW-2 and was undergone operation on 3.11.2003 and nailing
was done and he was discharged on 11.11.2003. Again on
18.1.2006 he was readmitted for removal of the nail and
underwent operation for removal of the nail and was discharged
on 21.1.2006, which shows the seriousness of the injury.
However, the learned Tribunal has awarded a sum of
Rs.5,000/- towards the injuries, which appears to be too
meager. Hence an amount of Rs.25,000/- is awarded towards
the fracture injury sustained by the petitioner. Further the
Tribunal rightly awarded a sum of Rs.14,300/- towards
hospital bills and Rs.696/- towards medical bills and as such,
they are not disturbed. Further the Tribunal awarded an
amount of Rs.2,000/-towards pain and suffering and transport
charges, which appears to be too meager and hence, this
amount can be enhanced to Rs.10,000/-. In total, the
claimant is entitled to Rs.50,000/-.
9. In the result, the M.A.C.M.A. is partly allowed by
enhancing the compensation amount awarded by the Tribunal
from Rs.22,000/- to Rs.50,000/-. The enhanced amount shall
carry interest at 7.5% p.a. from the date of this Order till the
date of realization, payable by respondent Nos. 1 and 2 jointly
and severally. The amount shall be deposited within a period
of one month from the date of receipt of a copy of this order.
On such deposit of compensation amount by the respondents,
the claimant is at liberty to withdraw the same without
furnishing any security. No costs.
Miscellaneous petitions, if any pending, shall stand
closed.
_______________________________
JUSTICE M.G.PRIYADARSINI
17.08.2022
pgp
