Laxmipathula Appalanaidu vs Kalaveni Peddulu Peddaiah ...
2022 Latest Caselaw 3107 Tel

                 THE HON'BLE JUSTICE G. SRI DEVI

                     M.A.C.M.A. No.1859 of 2014

JUDGMENT:

This appeal is filed by the appellant-claimant aggrieved by the

Order and Decree dated 06.11.2013 passed in O.P.No.129 of 2010 on

the file of the Chairman (M.A.C.T.)-cum-III Additional District Judge,

Karimnagar (for short, the Tribunal).

2. The brief facts of the case are that on 15.02.2009 the

appellant was proceeding on his Motor Cycle bearing No.AP 15 AA 98

and when he reached Laxminarasimha Swamy Temple at the outskirts

of Khilavanaparthy village, the 1st respondent, who is the owner-cum-

rider of the Hero Honda Splendor Motor Cycle bearing No.AP 15 AD

9671 came in opposite direction in a rash and negligent manner at

high speed and dashed the motor cycle of the appellant, due to which

the appellant fell down and sustained fracture of right tibia/fibula

and multiple bleeding injuries all over the body. The appellant filed

aforesaid O.P. claiming compensation of Rs.5,00,000/- against

respondent Nos.1 and 2, who are the owner and the insurer of the

Hero Honda Splendor Motor Cycle, for the injuries sustained by him in

the said accident.

GSD, J Macma_1859_2014

3. Before the Tribunal, respondent No.1 remained ex parte.

Respondent No.2 filed counter denying the averments of the claim

petition and contended that the amount claimed is excessive and

prayed to dismiss the claim petition.

4. After considering the oral and documentary evidence on

record, the Tribunal came to the conclusion that the accident

occurred due to the rash and negligent driving of the 1st respondent

and awarded total compensation of Rs.1,45,351/- i.e., Rs.20,000/-

towards pain and suffering; Rs.32,551/- towards medical expenses;

Rs.10,000/- towards transportation and extra nourishment;

Rs.18,000/- towards loss of earnings and Rs.64,800/- towards partial

and permanent disability.

5. Heard and perused the record.

6. 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.

7. Insofar as the quantum of compensation is concerned, a

perusal of the material on record would show that admittedly the

appellant has sustained fracture to his right leg and he has suffered a

lot of pain in consequences of the injury. Ex.A5-discharge summary

GSD, J Macma_1859_2014

would show that the appellant was admitted in the hospital on

16.02.2009 and was discharged on 13.03.2009. In the above facts

and circumstances of the case, granting of amount of Rs.20,000/-

towards pain and suffering appears to be too meager. Therefore, this

Court feels just and proper to enhance the same to Rs.35,000/-.

Accordingly, the said amount of Rs.20,000/- is enhanced to

Rs.35,000/-. Except the said enhancement, rest of the award

remains un-changed.

8. In the result, the Motor Accident Civil Miscellaneous Appeal is

partly allowed by enhancing the compensation amount awarded by

the Tribunal from Rs.1,45,351/- to Rs.1,60,351/-. The enhanced

amount shall carry interest @ 7.5% per annum from the date of award

passed by the Tribunal till the date of realization. There shall be no

order as to costs.

Miscellaneous petitions, if any pending, shall stand closed.

_________________ JUSTICE G. SRI DEVI 28.06.2022 gkv