Telangana High Court
N. Rubeen vs T. Ramulu Anr. on 7 July, 2022
Bench: G Sri Devi
THE HON'BLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.1318 of 2006
JUDGMENT:
This appeal is filed by the appellant-claimant aggrieved by the
Award and Decree, dated 21.03.2006 passed in O.P.No.1731 of 2003
on the file of the I Additional Metropolitan Sessions Judge-cum-XV
Additional Chief Judge, Hyderabad (for short, the Tribunal).
2. The brief facts of the case are that on 18.04.2002 while the
appellant was travelling in the Auto bearing No.AP 13 V 601 from gate
Vairampally towards Nawabpet and when the auto reached near
Ekmamidi Village Dar, another Auto bearing No.AP 13 W 2157 driven
by its driver in a rash and negligent manner at high speed and dashed
the auto in which the appellant was travelling, as a result of which,
the appellant sustained grievous injuries all over the body.
Immediately after the accident, the appellant was shifted to Osmania
General Hospital, Hyderabad. The claimant filed aforesaid O.P.
against respondent Nos.1 and 2, owner and insurer of the Auto
bearing No.AP 13 W 2157, respectively, claiming compensation of
Rs.2,00,000/- for the injuries sustained by him.
3. Before the Tribunal, considering the claim and the counter
filed by the 2nd respondent, and on evaluation of the evidence, both
oral and documentary, the learned Tribunal has partly allowed the
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Macma_1318_2006
O.P. and awarded compensation of Rs.76,500/- with interest at 7.5%
per annum. Challenging the same, the present appeal has been filed
by the appellant seeking enhancement of compensation.
4. Heard both sides and perused the record.
5. The finding of the Tribunal with regard to the manner in which
the accident took place has become final since the same was not
challenged by either of the respondents.
6. Insofar as the quantum of compensation is concerned, a
perusal of the material on record, the as per Ex.A.3-wound
certificate the appellant had sustained Grade-III Compound fracture
of right leg both bones, closed fracture of right femur, closed
fracture of right forearm both bone, fracture base of right 1st
metatarsal and other injuries all over the body. Initially the
appellant was shifted to Government Civil Hospital, Vikarabad and
thereafter he was admitted in Osmania General Hospital, Hyderabad,
where he took treatment from 19.04.2002 to 05.07.2002, he
underwent operation for his right thigh and D.C.P. plates were fixed
in his right forearm. Admittedly, the appellant has sustained four
fracture injuries and he took treatment for a considerable period and
the doctor also stated that the appellant has sustained disability at
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Macma_1318_2006
60% but the Tribunal has awarded only Rs.24,000/- towards loss of
future earnings. Admittedly, P.W.2 is not the competent to assess
the disability. Since there is non-union of femur with 3" over riding
of the fragmentation and mal alignment of 1st metatarsal bone, this
Court is of the view that the appellant has suffered disability at 10%.
In the facts and circumstances of the case, this Court feels that the
appellant is entitled the following amount under various heads.
Sl. Name of Head Awarded by Awarded by this
No. Tribunal Court
Rs. Rs. Ps.
Ps.
1. Pain and suffering 40,000.00 40,000.00
2. Medical Expenses, 5,000.00 10,000.00
treatment, extra
nourishment, attendant
charges and other
incidental charges
3. Loss of earnings 7,500.00 10,000.00
4. Loss of future earnings 24,000.00 64,800.00
on account of 10%
disability
(3,000x12x18x10/100)
TOTAL 76,500.00 1,24,800.00
7. In the result, the M.A.C.M.A. is partly allowed by enhancing
the compensation amount awarded by the Tribunal from Rs.76,500/-
to Rs.1,24,800/-. The enhanced amount shall carry interest @ 7.5%
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Macma_1318_2006
per annum from today till the date of realisation. There shall be no
order as to costs.
Miscellaneous petitions, if any pending in this appeal, shall
stand dismissed.
_________________
JUSTICE G. SRI DEVI
07.07.2022
gkv
