Telangana High Court
Deepavath Valya vs S. Dhanunjaya And Another on 21 February, 2022
Bench: G Sri Devi
THE HONOURABLE JUSTICE G. SRI DEVI
M.A.C.M.A.No.1110 OF 2007
JUDGMENT:
This appeal is filed by the claimant-injured aggrieved by
the order and decree dated 07.09.2006 in O.P.No.265 of 2003, on
the file of the Chairman, Motor Accidents Claims Tribunal
(III-Additional District Judge), at Nalgonda, wherein the learned
Tribunal awarded Rs.20,000/- towards compensation as against the
claim of Rs.80,000/-.
2. The brief facts of the case are that on the fateful day i.e.,
31.03.2002 at about 09:00 a.m., when the claimant along with his
brother was crossing the road in order to board a bus to go
Nayudupalem, a lorry bearing No.AP 16 TT 1120, driven by its
driver in a rash manner came from Mallepally side and dashed the
claimant, resulting in the petitioner sustaining grievous injuries at
various parts of the body. He has taken treatment in Kamala Nehru
Hospital and later he was shifted to Area Hospital, Miryalguda and
thereafter continued treatment privately at Miryalguda and spent
Rs.30,000/- towards treatment.
3. The Tribunal, after evaluating the oral and documentary
evidence on record, allowed the O.P., in part, awarding a
total compensation of Rs.20,000/- along with costs and interest
@ 7.5% per annum from the date of petition till the date of
realization. Not satisfied with the compensation granted by the
Tribunal, the appellant filed this appeal seeking enhancement of
compensation.
4. Heard both sides and perused the record.
5. The learned counsel for the appellant-claimant contended
that the Tribunal failed to consider the evidence adduced on behalf
of the claimant in proper perspective and award compensation as
claimed; that the deceased sustained one grievous injury and two
simple injuries and the compensation awarded for the said injuries
is very less; and that the Tribunal failed to award compensation
towards extra nourishment, transportation expenses etc.
6. On the other hand, the learned standing counsel for the
insurance contends that the compensation awarded by the Tribunal
is just and reasonable and needs no interference.
7. 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 the insurance company.
8. As regards the quantum of compensation, the Tribunal
though held that the injured sustained one grievous injury and two
simple injures and had taken treatment from 31.03.2002 to
05.04.2002, but had granted only Rs.12,000/- for the grievous
injury and Rs.2,000/- for each simple injury and Rs.1,000/- towards
medicines, besides Rs.3,000/- for pain and agony, making up a
total compensation of Rs.20,000/-. However, keeping in view the
age of the injured and the grievous injury i.e., fracture of left
humerus sustained by him, the learned Tribunal ought to have
awarded a sum of Rs.25,000/- towards the same and Rs.3,000/-
each towards two simple injuries. Apart from the above
amounts, the learned Tribunal ought to have awarded a sum of
Rs.10,000/- towards medical expenses, attendant charges and extra
nourishment, so also Rs.10,000/- towards pain and mental agony.
The said amounts are hereby granted. Thus, the appellant is
entitled to a total amount of Rs.51,000/- towards compensation.
9. In the result, the M.A.C.M.A. is allowed-in-part by
enhancing the compensation awarded by the Tribunal from
Rs.20,000/- to Rs.51,000/-. The enhanced amount shall carry
interest at 7.5% p.a. from the date of order passed by the Tribunal
till the date of realization, payable by respondents 1 and 2 jointly
and severally. There shall be no order as to costs.
10. Pending miscellaneous applications, if any, shall stand
closed.
____________________
JUSTICE G.SRI DEVI
Date: 21.02.2022
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