Telangana High Court
S Shivaramakrishna, Nalgonda ... vs C Ramesh Kumar, Nalgonda Dist And ... on 19 October, 2022
Bench: P.Madhavi Devi
THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
MACMA. No. 659 of 2016
JUDGMENT
This Appeal is filed by the Appellant/Claimant seeking
enhancement of the compensation granted by the chairman, Motor
Accidents Claims Tribunal (Principal District Judge) in
M.V.O.P.No.786 of 2010 dated 21.11.2013.
2. The Petitioner/Appellant is seeking compensation for the injuries
sustained by him in the Motor Vehicle accident which took place on
29.04.2010 at about 1.00 pm near Marriguda Bus Stop, infront of
Manansa Vihar, Nalgonda town.
3. Brief facts of the case are that while the petitioner was proceeding
to Nalgonda from OCTL on his motor vehicle bearing No.AP-24-AB-
611 and he reached near Manansa Vihar, one Getz Car bearing No.
AP-24-K-8484, driven by its driver in a rash and negligent manner,
came in the opposite direction and dashed against the motor cycle of the
petitioner, due to which the petitioner fell down on the ground and
sustained crush injury to his left knee and right hand and other multiple
injuries all over the body. The petitioner was immediately shifted to
MACMA.No.659 of 2016
Government Headquarters Hospital at Nalgonda and thereafter to
Hyderabad for better treatment.
4. The petitioner was treated as inpatient for about 4 months and
thereafter, he was treated as outpatient after undergoing surgeries for the
fractures for which nails were inserted. The appellant thereafter filed
claim petition before the Tribunal seeking a compensation of
Rs.8,00,000/- for the injuries sustained by him during the motor vehicle
accident.
5. The Tribunal has considered that the accident has occurred due to
the rash and negligent driving of the driver of the car Bearing No.
AP-24-K-8484 and thereafter, considered that the petitioner has incurred
certain medical expenditure and that the petitioner had lost income for a
period of 6 months. Accordingly, he awarded a sum of Rs.6,83,524/-.
Seeking enhancement of compensation to Rs.8,00,000/-, the present
appeal is filed.
6. As regards the compensation awarded to the petitioner, the
Tribunal has considered that the petitioner has sustained four grievous
injuries as accordingly awarded Rs.5,000/- towards each of the injuries.
MACMA.No.659 of 2016
However, this Court is of the opinion that the injuries are grievous in
nature, such as being sutured laceration over the right side of forehead,
liger abrasion over mid forehead, sutured laceration over right forearm,
abrasion over right knee and fracture of left fibula. Therefore, this Court
deems it fit and proper to enhance the same from Rs.5,000/- to 10,000/-
for each of the injuries, i.e., a total of Rs.40,000/-. As regards the
medical expenses incurred by the petitioner, the Tribunal has awarded
the sum of Rs.2,73,524/- on the basis of medical bills submitted by the
petitioner as against the claim of the petitioner of Rs.3,00,000/- spent for
medical treatment. As the petitioner has not filed any evidence in
support of enhanced medical claim, this Court does not deem it fit and
proper to interfere with the amount awarded by the Tribunal on this
count. As regards the transportation charges, the Tribunal has awarded
Rs.20,000/- and therefore there is no need for any enhancement towards
transportation charges.
7. In the result, the compensation awarded by the Tribunal and as
enhanced by this Court is as under:-
MACMA.No.659 of 2016
Head Compensation Compensation
awarded by enhanced by
the Tribunal this Court
(1) For four grievous injuries Rs.20,000 Rs.40,000
(2) Medical expenses Rs.2,73,524 Rs.2,73,524
(3) Transportation charges Rs.20,000 Rs.20,000
(4) Attendant charges and
Extra nourishment Rs.10,000 Rs.10,000
(5) Pain and suffering Rs.1,50,000 Rs.1,50,000
(6) Loss of income Rs.2,10,000 Rs.2,10,000
Totals : --------------- --------------
Rs.6,83,524 Rs.7,03,525
--------------- ----------------
Total compensation awarded Rs.7,03,524/- along with interest
@7.5% per annum from the date
of filing of the claim petition till
payment.
8. In the result, the award dated 21.11.2013 in M.V.O.P.No.786 of
2010 on the file of the Motor Accidents Claims Tribunal (Principal
District Judge), Nalgonda is modified by awarding a total compensation
of Rs.7,03,524 /- (Rupees seven lakhs three thousand five hundred and
twenty four only) with costs and interest @ 7.5% per annum thereon
from the date of the claim petition till the date of realisation against the
MACMA.No.659 of 2016
respondents 1 and 2 jointly and severally. The respondents are directed
to deposit the compensation amount awarded within 60 days from the
date of receipt for a copy of this judgment, after giving credit to the
deposit of amount, if any, already made. On such deposit, the claimant is
permitted to withdraw the same without furnishing any security.
9. The MACMA is accordingly partly allowed. No order as to costs
in this appeal.
10. Pending miscellaneous petitions, if any, in the MACMA shall
stand closed.
___________________________
JUSTICE P. MADHAVI DEVI
Date: 19.10.2022
Pss
