Syed Nayeem vs M. Narsaiah Another
2022 Latest Caselaw 6773 Tel

          THE HON'BLE JUSTICE M.G. PRIYADARSINI

                   M.A.C.M.A. No. 591 of 2014

JUDGMENT:

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

judgment and decree, dated 23.08.2010 made in M.V.O.P.No. 1156

of 2004 on the file of the II Additional District & Sessions Judge

(Fast Track Court) 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 173 of the Motor

Vehicles Act claiming compensation of Rs.3.00 lakhs towards

compensation for the injuries sustained by him in a motor vehicle

accident that occurred on 15.05.2004. According to the claimant,

on 15.05.2004, while he was traveling, along with his friend, on the

Motor cycle bearing No. AP 10P 5416 and reached Galib nagar

village, the offending vehicle i.e., Auto bearing No. AP 25U 7230,

which was coming from opposite direction in high speed in rash

and negligent manner, dashed the motor cycle. As a result, the

claimant fell down and received multiple injuries, including

fracture to his left leg, fracture of second metacarpal ring finger.

He was treated at Government Hospital, Nizamabad. According to

him, due to the accident, he was unable to attend his regular

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works as he sustained permanent disability and therefore, he filed

the claim petition against the respondent No. 1, owner of the

vehicle and respondent No. 2, insurer, seeking compensation

under different heads.

Before the Tribunal, while the respondent No. 1 remained ex

parte, respondent No. 2, contested the claim denying the

averments of the claim petition and contended that the amount

claimed is excessive and prayed for dismissal of the claim petition.

Considering the claim, counter and the evidence, both oral

and documentary brought on record, the tribunal has allowed the

O.P. in part awarding a sum of Rs. 32,200/- 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.

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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 the claimant has sustained fractures to

his left leg apart from other grievous injuries, and as per the

evidence of P.W.2, doctor, the claimant sustained two fractures

and injury to left shoulder with abrasion and to that effect he had

issued Ex.A.3, injury certificate. It is further contended that even

the amount granted under the heads of pain & suffering is meager

and the tribunal has not awarded any amount towards

transportation, attendant charges and extra nourishment.

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.

As seen from the record, the claimant had sustained injury

to left thigh, fracture of femur bone, injury to left hand with

fracture of second metacarpal ring finger and injury to left

MGP, J Macma_591_2014

shoulder with abrasion. P.W.2, Doctor of Government Hospital,

who treated the claimant, had deposed that the claimant had

sustained two fractures on left leg. However, the tribunal has

awarded only Rs.10,000/- which is meager. So also, the amounts

of Rs.10,000/- awarded by the tribunal under the head of pain and

suffering is also meager considering the nature of injury and the

length of treatment. Therefore, this Court is inclined to enhance

the quantum of compensation as under:-

Sl.No.   Nature of head                Amount          Amount now
                                       awarded      by awarded    by
                                       tribunal        this Court

1.       Compensation             for Rs.10,000         Rs.50,000
         sustained injuries

2.       Pain & suffering              Rs.10,000        Rs.20,000


3.       Compensation for Medical Rs.5,000              Rs.5,000
         expenses

4.       Compensation          for Rs.7,200             Rs.7,200
         temporary deprivation of
         earnings

5.       Transport,    attendant ---                    Rs.12,500
         charges     &      extra
         nourishment

         Total                         Rs.32,200        Rs.94,700

                                                               MGP, J
                                                       Macma_591_2014

In the result, the MACMA is allowed in part enhancing the

compensation from Rs.32,200/- to Rs.94,700/-. 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 13.12.2022 Chs/tsr

MGP, J Macma_591_2014

THE HON'BLE JUSTICE M.G. PRIYADARSINI

M.A.C.M.A. No. 591 of 2014

DATE:13-12-2022