Telangana High Court
Ramreddy Obul Reddy vs E.Ramesh Anr on 15 July, 2022
Bench: G Sri Devi
THE HON'BLE JUSTICE G. SRI DEVI
M.A.C.M.A. No.1127 of 2007
JUDGMENT:
This appeal is filed by the appellant-claimant aggrieved by the
judgment and decree, dated 24.01.2007 passed in O.P.No.406 of
2003 on the file of the Motor Accident Claims Tribunal (II Additional
District Judge (Fast Track Court), Nizamabad (for short, the
Tribunal).
2. The brief facts of the case are that on 05.02.2003 the
appellant boarded an auto bearing No.AP 25 U 201 in order to go to
Armoor and when the auto reached Jankampet Village Shivar, the
driver of the auto drove it in a rash and negligent manner at high
speed and dashed R.T.C. bus bearing No.AP 9 Z 5321, due to which
the appellant sustained fracture of both bones of right hand, fracture
of both bones of right leg, fracture of thigh and head injury.
Immediately after the accident, the appellant was shifted to
Government Hospital, Armoor and thereafter he was shifted to Sai
Tirumala Orthopedic Hospital, Nizamabad. The claimant filed
aforesaid O.P. against respondent Nos.1 and 2, owner and insurer of
the Auto bearing No.AP 25 U 201, respectively, claiming
compensation of Rs.3,00,000/- for the injuries sustained by him.
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Macma_1127_2007
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
O.P. and awarded compensation of Rs.50,000/- 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, P.W.2-the doctor who treated the
appellant, deposed that the appellant had sustained compound
fracture of both bones of fore arm right side lower one fifth, fracture
of illiem bone right side, contusion right shoulder measuring 2 x 2
inches, contusion right illiem region 2 x 4 inches and superficial
abrasion of the illiem region measuring 2 x 4 inches. He further
stated that injury Nos.1 and 2 are grievous and other injuries are
simple in nature. On 05.02.2003 he conducted surgery to right
forearm and applied D.C.Plate and the appellant was discharged on
GSD, J
Macma_1127_2007
15.02.2003. Admittedly, the appellant has sustained two grievous
injuries and three simple injuries and he took treatment for a
considerable period but the Tribunal did not award any amount
towards loss of earnings during the period of treatment. Thus,
looking into the nature of injuries sustained by the claimant, nature
and period of treatment undergone by him and the amount spent by
him towards medical expenses, transportation, attendant charges and
extra nourishment, 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. Ps. Rs. Ps.
1. Pain and suffering 40,000.00 40,000.00
2. Treatment expenditure 9,000.00 10,000.00
3. Transportation, extra 1,000.00 10,000.00
nourishment and
attendant charges
4. Loss of earnings during -- 15,000.00
the period of
treatment
TOTAL 50,000.00 75,000.00
7. In the result, the M.A.C.M.A. is partly allowed by enhancing
the compensation amount awarded by the Tribunal from Rs.50,00/-
to Rs.75,000/-. The enhanced amount shall carry interest @ 7.5% per
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Macma_1127_2007
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
15.07.2022
gkv
