Maimona Begum, Mahabubnagar Dist vs M Shravan Kumar, Mahabubnagar ...
2023 Latest Caselaw 3892 Tel

        THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI

                   M.A.C.M.A.No.914 OF 2015

JUDGMENT:

This appeal is filed by the claimant being aggrieved by the

order dated 21.01.2013 in M.V.O.P.No.75 of 2010 on the file of

the Motor Accident Claims Tribunal-cum-IV Additional District

Judge (FTC), Mahabubnagar, granting compensation of

Rs.33,000/- against the claim of Rs.1,00,000/- for the injuries

sustained by the appellant/claimant in the Motor Accident.

2. Heard both sides and perused the record.

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

compensation granted by the Tribunal towards transportation,

pain and suffering and also Extra Nourishment, the appreciation

of evidence will be only on the said aspects. In Ex.A3/the

certified copy of wound certificate, it is mentioned that the

appellant has sustained fracture of humerous which is grievous.

In view of the said grievous injury, this Court is of the

considered view that the Tribunal has erred in awarding

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

and Rs.5,000/- towards transportation and Extra Nourishment

Justice Juvvadi Sridevi M.A.C.M.A.No.914 of 2015

Charges. In view of the evidence on record, this Court is of the

considered view that Rs.30,000/- can be awarded towards pain

and suffering and Rs.15,000/-towards transportation and Extra

Nourishment Charges.

4. Accordingly, this appeal is allowed in part enhancing the

compensation towards pain and suffering, transportation and

Extra Nourishment Charges as referred above, bringing the total

amount of compensation to Rs.48,000/-. The appellant is

entitled to interest @ 7.5% per annum on the enhanced

compensation amount from the date of original petition till the

date of realization. The award of the Tribunal shall remain same

on all other aspects. No costs.

Pending miscellaneous applications, if any, shall stand

closed.

________________________ JUSTICE JUVVADI SRIDEVI Date: 14.11.2023 Ksk