Devarla Venkatesh vs Telangana State Road Transport ...
2022 Latest Caselaw 3462 Tel

     HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                   M.A.C.M.A.No.1645 of 2018
JUDGMENT :

This appeal is filed by the claimant being aggrieved by the

order and decree dated 25.01.2018 in M.V.O.P.No.633 of 2016 on

the file of Motor Accident Claims Tribunal-cum-Principal District

Judge, Nizamabad, for the injuries sustained by the appellant, who

has filed claim for Rs.10,00,000/- together with interest and costs.

2. On 06.09.2016 at about 19.30 hours, due to the rash and

negligent driving of an RTC bus bearing No.AP-28-Z-1771 by its

driver, it dashed against the motorcycle of the appellant/claimant,

due to which, he fell down and sustained multiple grievous

injuries.

3. For the sake of convenience, the parties are referred to as

arrayed in the O.P.

4. The Tribunal, on examining the oral and documentary

evidence on record, partly allowed the O.P., awarding a total

compensation of Rs.3,13,500/- along with costs and interest

GAC, J MACMA.No.1645 of 2018

@7.5% per annum from the date of petition till the date of

realization. Seeking enhancement of compensation, the claimant

has filed this appeal.

5. Heard both sides and perused the record.

6. The learned Counsel for the appellant-Claimant contended

that the order passed by the Tribunal is contrary to the evidence on

record and probabilities of the case; that the appellant/claimant

sustained fracture of both bones of right leg, injuries on the left leg,

on both hands, a head injury and other grievous injuries all over the

body, therefore, the Tribunal ought to have granted the entire

compensation of Rs.10 Lakhs claimed by him, as he underwent

surgeries and a rod was inserted for both the fractures for which

hospital bills and medical reports were filed before the Tribunal.

Accordingly, he sought for enhancement of compensation to

Rs.10,00,000/-. There is no dispute as to the accident or injuries

sustained by the claimant in the said accident.

7. A perusal of the evidence of PW-2 i.e. the Doctor who

treated the claimant, show that the claimant was treated as inpatient

from 07.09.2016 to 11.11.2016 and that he underwent three

GAC, J MACMA.No.1645 of 2018

surgeries and a rod was inserted for both the fractures in the right

leg. He further deposed that the claimant needs further surgery for

removal of rods, which may cost about Rs.40,000/- to Rs.50,000/-.

The Tribunal ought to have awarded an amount of Rs.6,000/- each

to the two grievous injuries, totaling Rs.12,000/- and ought to have

awarded a further sum of Rs.50,000/- for the future surgery to be

conducted on the appellant, taking into consideration the evidence

of the doctor i.e. PW-2. Therefore, the claimant/appellant is

entitled for a further sum of Rs.62,000/-, in addition to the amount

of compensation awarded by the Tribunal. Thus, the appellant is

entitled to a total compensation of Rs.3,75,500/- (Rs.3,13,500/- +

Rs.62,000/-).

8. In the result, the M.A.C.M.A. is partly allowed by enhancing

the compensation amount awarded by the Tribunal from

Rs.3,13,500/- to Rs.3,75,500/-. The enhanced compensation

amount also shall carry interest at the rate of 7.5% p.a. from the

date of award of the Tribunal till the date of realization. The other

terms of award of the Tribunal shall remain same. There shall be

no order as to costs.

GAC, J MACMA.No.1645 of 2018

Pending miscellaneous applications, if any, shall stand

closed.

________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 06.07.2022

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