T.Mohan vs A.Dhanraj
2022 Latest Caselaw 6443 Tel

Citation : 2022 Latest Caselaw 6443 Tel
Judgement Date : 5 December, 2022

Telangana High Court

T.Mohan vs A.Dhanraj on 5 December, 2022

Bench: M.G.Priyadarsini

             THE HON'BLE JUSTICE M.G. PRIYADARSINI

                   M.A.C.M.A. No. 3513 of 2014

JUDGMENT:

This appeal is filed by the claimant, injured, aggrieved by the

judgment and decree, dated 04.08.2014 made in O.P.No. 196 of

2010 on the file of the Motor Accident Claims Tribunal-cum-VIII

Additional District Judge at Nizamabad (for short, the Tribunal).

For the sake of convenience, hereinafter, the parties are

referred to as per their array before the Tribunal.

The claimant filed a petition under Section 163-A of the

Motor Vehicles Act claiming compensation of Rs.1.00 lakh for the

injuries sustained by him in a motor vehicle accident that occurred

on 24.05.2001. According to the claimant, on 24.05.2001, while

he was driving the auto trolley bearing No. AP 25T 5394, owned by

respondent No. 1 and insured with respondent No. 2, and when

the trolley reached infront of Vandemathram School, Ghanpoor, at

about 7:30 a.m., he lost control over it, as a result, the trolley

turned turtle. He sustained several injuries, including fracture of

right leg. Therefore, he laid the claim for Rs.1.00 lakh towards

compensation against the respondents.

Before the Tribunal, respondent Nos. 1 & 2, contested the

claim denying the averments of the claim petition and contended

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that the amount claimed is excessive and prayed for dismissal of

the claim petition.

Considering the claim, counters and the evidence, both oral

and documentary brought on record, the tribunal has allowed the

O.P. in part awarding a sum of Rs. 69,000/- towards

compensation. Seeking further enhancement of compensation, the

claimant approached this Court with the present appeal.

Heard both sides and perused the material available on

record.

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 either by the owner or insurer of the vehicle.

The short question that arises for consideration in this

appeal is "whether the compensation awarded by the Tribunal is

just and equitable"?

The only contention advanced by the learned counsel for the

appellant-claimant is that considering the medical evidence and

considering the nature of injuries sustained by the claimant, the

amount awarded by the tribunal is meagre and needs

MGP, J Macma_3513_2014

enhancement. It is further contended that even the amounts

granted under the head of transportation, attendant charges and

extra nourishment are meagre and needs enhancement.

On the other hand, the learned Standing Counsel for the

Insurance Company has contended that considering the nature of

injuries and length of treatment, the tribunal has adequately

awarded the compensation and therefore, the learned Standing

Counsel sought for dismissal of the appeal.

P.W.2, the then Civil Assistant Surgeon, Government

Headquarters Hospital, Nizamabad, deposed that the claimant

suffered compound fracture of both bones of right leg, fracture of

cranial right. Ex.A.3 is the medical certificate issued by P.W.2. As

seen from Ex.A.4, discharge summary, the claimant was admitted

in Amrutha Laxmi Hospital, Nizamabad on 13.2.2011 for removal

of implant and was discharged on 16.02.2011. Thus, considering

the medical evidence, it is clear that the claimant had suffered

fracture of right leg, which is grievous in nature, apart from other

injuries. The evidence also discloses that he was underwent

operation and was treated as inpatient for a considerable time.

Considering these circumstances, this Court is inclined to award

the following amounts under the different heads:-

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i) Injuries -- Rs.25,000/-

ii)      Pain & Suffering              --      Rs.20,000/-

iii)     Hospital & medical expenses --        Rs.40,000/-

iv)      Loss of earnings during treatment-- Rs.9,000/-
v)       Transport, attendant charges &
         extra nourishment            --       Rs.6,000/-

         Total                                 Rs.1,00,000/-

Thus, this Court is inclined to enhance the compensation amount

of Rs.69,000/- awarded by the tribunal to Rs.1,00,000/-.

In the result, the MACMA is allowed enhancing the

compensation from Rs. 69,000/- to Rs. 1,00,000/-. The enhanced

compensation shall carry interest at 7.5% per annum from the date

of order of the tribunal till the date of realization. The respondents

are directed to deposit the amount within two months from the

date of receipt of a copy of this order. On such deposit, the

claimant is entitled to withdraw the said amount. No order as to

costs.

Pending Miscellaneous petitions shall stand closed.

___________________________ JUSTICE M.G. PRIYADARSINI 05.12.2022 TSR