Kanduri Durgaiah vs Sri V.Mallesham
2023 Latest Caselaw 4235 Tel

Citation : 2023 Latest Caselaw 4235 Tel
Judgement Date : 1 December, 2023

Telangana High Court

Kanduri Durgaiah vs Sri V.Mallesham on 1 December, 2023

         THE HONOURABLE SMT. JUSTICE K. SUJANA
                      M.A.C.M.A.No.927 of 2008
JUDGMENT:

Feeling aggrieved and dissatisfied with the judgment and decree dated

23.07.2007 in O.P.No.1182 of 2002 passed by the I Additional Motor

Accident Claims Tribunal, Nizamabad (for short 'The Tribunal'), the

appellant/claimant preferred the present appeal.

2. Vide the aforesaid award, the Tribunal has awarded an amount of

Rs.1,00,000/- (Rupees One Lakh only) as compensation with proportionate

costs and interest at 7.5% per annum thereon from the date of petition till

the date of realization. The Tribunal directed respondent Nos.1 and 2 to

deposit the amount.

3. The appellant/claimant filed the claim petition before the Tribunal

under Section 166(1)(a) of the Motor Vehicles Act, 1988 r/w Rule 455 of the

A.P.M.V Rules for an amount of Rs.4,00,000/- (Rupees Two Lakhs only) for

the injuries sustained by the appellant in the road accident.

4. Respondent No.1 is the owner of the Lorry bearing No. AP-25T-5577

and respondent No.2 is the Insurance Company Limited.

5. Heard Sri L.Dayaker Reddy, learned counsel appearing for the

appellant.

SKS,J MACMA.No.927_2008

6. Insurance Company has not filed any appeal disputing the liability

and the amount awarded by the Tribunal.

7. It is the specific contention of learned counsel for the appellant that

on 16.02.2002 the appellant was travelling in an auto bearing No. AP 23

5906 from Laxmapoor gate to his village Shamnapoor, at about 12:30 P.M.,

when it reached the limits of Shamnapoor, near Rajeswar Hill, meanwhile, a

lorry bearing No. AP 25T 5577 driven by its driver (coming from Medak side

towards Ramayampet) on wrong side of the road at high speed in a rash and

negligent manner and dashed against the auto from its backside, due to

which, the appellant received injuries.

8. The Tribunal on considering the entire evidence, both oral and

documentary, gave a finding that the accident had occurred due to rash and

negligent driving of respondent No.1 and the same vehicle is insured with

respondent No.2, as such, the Tribunal awarded an amount of

Rs.1,00,000/- payable by respondent Nos.1 and 2. Aggrieved by the

quantum, the claimant filed the present appeal.

9. Learned counsel for the appellant contended that though he received

fractural injuries and he was in the hospital for a period of 30 days, the

Tribunal did not considered the same and awarded only meager amount.

SKS,J MACMA.No.927_2008

10. On the other hand, learned counsel for the respondent No.2 submitted

that the Tribunal awarded sufficient amount and there is no need to

enhance the said amount.

11. As seen from the record, to prove the claim, the appellant examined

himself as P.W.1 and marked Exs.A1 to A5.

12. To prove the injuries, the appellant got filed Ex.A3 discharge card

issued by Gandhi Hospital, Secunderabad, wherein it is shown that the

appellant had sustained compound comminuted fracture both bones of right

leg. As per the discharge card, the appellant was admitted in Gandhi

Hospital on 16.02.2002 and discharged on 13.03.2002. He underwent

operation on 16.02.2002 and wound debridment was done. Since the

discharge card was issued by Gandhi Hospital, it can be considered without

examining the doctor.

13. The Tribunal awarded an amount of Rs.68,000/- towards pain and

suffering which is reasonable and the same is maintained. Basing on Ex.A5,

the Tribunal awarded an amount of Rs.10,000/- towards medical expenses

which is reasonable and the same is maintained. The Tribunal awarded an

amount of Rs.4,500/- towards transportation charges and extra

nourishment, which is meager. Therefore, this Court is inclined to grant

Rs.25,000/- towards transportation charges and extra nourishment.

Further, the Tribunal awarded an amount of Rs.7,500/- under the head of

loss of estate. This Court is inclined to consider the income of the appellant

SKS,J MACMA.No.927_2008

as Rs.4,000/- per month and total Rs.24,000/- is awarded for a period of

six (6) months under the head of loss of estate. Further, the appellant is

entitled for an amount of Rs.10,000/- towards attendant charges and

Rs.5,000/- towards Damage to clothes.

14. In the light of the above discussion, the claimant is entitled for the

following compensation under different heads:

                Heads                      Compensation awarded


              Pain and suffering                 Rs.68,000/-

               Medical expenses                 Rs. 10,000/-

           Transportation and extra              Rs.25,000/-
                nourishment

          Loss of temporary earnings             Rs.24,000/-

              Attendant charges                  Rs.10,000/-

              Damage to clothes                  Rs. 5,000/-

                    Total                       Rs.1,42,000/-

15. In the result, the appeal filed by the appellant is allowed in part.

Accordingly, the Judgment and decree dated 23.07.2007 in O.P.No.1182 of

2002 passed by the Tribunal is modified enhancing the compensation from

Rs.1,00,000/- to Rs.1,42,000/- (Rupees One lakh Forty-Two Thousand only)

SKS,J MACMA.No.927_2008

with interest at the rate of 7.5% per annum from the date of petition till

realization against respondent Nos.1 and 2.

16. Respondent Nos.1 and 2 are jointly and severely liable to pay the same

and directed to deposit the said amount with interest and costs after

deducting the amount, if any, deposited earlier within one(1) month from the

date of receipt of certified copy of this Judgment and thereafter, the

appellant is permitted to withdraw the same. There shall be no order as to