Mohd. Habibullah , Habibullah vs Mr. J. Deva Goud, Major
2023 Latest Caselaw 4220 Tel

Citation : 2023 Latest Caselaw 4220 Tel
Judgement Date : 29 November, 2023

Telangana High Court

Mohd. Habibullah , Habibullah vs Mr. J. Deva Goud, Major on 29 November, 2023

          THE HONOURABLE SMT. JUSTICE K. SUJANA
                     M.A.C.M.A.No.1779 of 2008
JUDGMENT:

Feeling aggrieved and dissatisfied with the judgment and decree dated

22.01.2008 in O.P.No.274 of 2002 passed by the Motor Accident Claims

Tribunal-cum-VI Additional District Judge, (Fast Tract Court), 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.17,000/- (Rupees Seventeen Thousand 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.2,00,000/- (Rupees Two Lakhs only) for

the injuries sustained by the appellant in the road accident.

4. Respondent No.1 is the owner of the Owner of the Jeep bearing

No.AP23/B2557 and respondent No.2 is the Insurance Company Limited.

5. Heard Sri S. Surender Reddy, learned counsel appearing for the

appellant.

SKS,J MACMA.No.1779_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 19.01.2002 he was travelling on scooter bearing No.AP 25 C 142 as

pillion rider with one Mohd. Abdul Khan as the rider. When their scooter

reached the outskirts of Machareddy at about 06:30 P.M., a jeep bearing

No.AP23/B2557 came at high speed in a rash and negligent manner on

wrong side of the road and dashed the scooter from opposite direction and

caused te accident.

8. The Tribunal on consideration of 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.17,000/-

payable by respondent Nos.1 and 2. Aggrieved by the quantum, the

claimants 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 05 days, the

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

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

interfere in the said amount.

SKS,J MACMA.No.1779_2008

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

himself as P.W.1 and marked Exs.A1 to A11 on behalf of the appellant and

Ex. B1 is marked on behalf of the respondent.

12. To prove the injuries, the appellant has filed Ex.A3-Injury certificate

issued by the Owaisi Hospital, Ex.A7-prescriptions, Ex.A8-discharge

summary and Ex.A10-OP tickets.

13. The Tribunal awarded an amount of Rs.10,000/- towards pain and

suffering for all the four injuries which is meager. As the appellant received

head injury, he is entitled for Rs.15,000/- for head injury and Rs.5,000/- for

one simple injury under the head of pain and suffering. Basing on Ex.A7,

the Tribunal awarded an amount of Rs.1,000/- towards medical expenses

which is meager. This Court is inclined to grant Rs.5,000/- towards Medical

Expenses. The Tribunal awarded an amount of Rs.1,000/- towards

transportation charges, which is not sufficient. Therefore, this Court is

inclined to grant Rs.25,000/- towards transportation charges and extra

nourishment. The Tribunal has not awarded any amount under the head of

loss of earnings. As the petitioner is giving tuitions, the income of the

appellant is taken as Rs.5,000/- per month and total Rs.15,000/- is

awarded for a period of three (3) months and the appellant is entitled for an

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

SKS,J MACMA.No.1779_2008

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

to the following amounts:

           Heads                                Amounts


Pain and suffering (one head injury
  Rs.15,000 X 1 and one simple                  Rs.20,000/-
      injuries Rs.5,000 X 1)

          Medical expenses                      Rs. 5,000/-

      Transportation and extra
                                                Rs.25,000/-
           nourishment

      Loss of temporary earnings                Rs.15,000/-

          Damage to clothes                     Rs. 5,000/-

                Total                           Rs.70,000/-

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

Accordingly, the Judgment and decree dated 22.01.2008 in O.P.No.274 of

2002 passed by the Tribunal are modified enhancing the compensation from

Rs.17,000/- to Rs.70,000/- (Rupees Seventy Thousand only) 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

SKS,J MACMA.No.1779_2008

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