Malkapuram Mangali Narayana vs Pedda Golla Sailoo And Another
2023 Latest Caselaw 3835 Tel

     THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI

                 M.A.C.M.A.No.1054 OF 2015

JUDGMENT:

This appeal is filed by the claimant being aggrieved by

the order dated 17.12.2013 in O.P.No.147 of 2011 on the file

of the Motor Accident Claims Tribunal-cum-IX Additional

District Judge, Kamareddy, granting compensation of

Rs.61,000/- against the claim of Rs.1,50,000/- for the

injuries sustained by the appellant/claimant in the Motor

Accident.

2. Heard the learned counsel for the appellant as well as

Sri Kota Subba Rao, learned Standing counsel appearing for

the respondent No.2/Insurance Company.

3. Since the grievance of the appellant is with regard to

the compensation granted by the Tribunal towards loss of

income, pain and suffering and also Extra Nourishment, the

appreciation of evidence will be only on the said aspects. In

Ex.A6/the original referral letter of Government Hospital,

Kamareddy, it is mentioned that the appellant has sustained

Justice Juvvadi Sridevi M.A.C.M.A.No.1054 of 2015

fracture of femur and a surgery was also performed for the

same on 26.07.2011. In view of the said injury and the

surgery conducted for the same, this Court is of the

considered view that the Tribunal has erred in awarding

compensation of Rs.25,000/- towards pain and suffering and

Rs.10,000/- alone towards attendant, transportation and

Extra Nourishment Charges. In view of the evidence on

record, this Court is of the considered view that Rs.40,000/-

can be awarded towards pain and suffering and Rs.20,000/-

towards attendant, transportation and Extra Nourishment

Charges. Since the Tribunal has awarded Rs.8,000/- towards

loss of income during the period of rest for two months, this

Court deems it is a just compensation and no need to

interfere with the same.

4. Accordingly, this appeal is allowed in part enhancing

the compensation towards pain and suffering and attendant,

transportation and Extra Nourishment Charges as referred

above, bringing the total amount of compensation to

Rs.86,000/-. The appellant is entitled to interest @ 7.5% per

Justice Juvvadi Sridevi M.A.C.M.A.No.1054 of 2015

annum on the enhanced compensation amount from the date

of appeal. The award of the Tribunal shall remain same on all

other aspects.

Pending miscellaneous applications, if any, shall stand

closed.

_____________________ JUVVADI SRIDEVI, J Date: 10.11.2023 dgr