Nagesh vs Abubin Salim And Another
2023 Latest Caselaw 1900 Tel

         THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

                       M.A.C.M.A. No.809 OF 2008
JUDGMENT:

This appeal is filed by the appellant-claimant aggrieved by the

Order and Decree dated 26.10.2007 passed in M.V.O.P.No.1675 of 2002

by the Motor Accidents Claims Tribunal-Cum-V Additional District

Judge, (F.T.C) at Nizamabad (for short, the Tribunal).

2. The brief facts of the case are that on 30.09.2002 at about 08:30

PM, the appellant along with one J. Saya Reddy were travelling from

Nizamabad to basar in an auto bearing No.AP-25-U-1926 (hereinafter

crime vehicle). On the way, at about 08:30 PM when the said auto

reached near bridge of Navipet, its driver has driven it in high speed and

in negligent manner and due to which the Auto gave dash to a scooter on

which two persons were travelling, as a result of which, the petitioner

and J. Saya Reddy along with two persons who were travelling on the

scooter, sustained injuries. The petitioner sustained grievous injuries on

teeth upper left in Anterior to the posterior region, upper lip laceration

and 1,2,3,4 teeth, laceration upper left side of the lip and lacerations on

the left side of hand and also sustained simple injuries. Immediately,

after the accident, the appellant was shifted to Amrutha Laxmi Multi

Speciality Dental Clinic, Khaleelwadi, Nizamabad where

Dr.D.Satyanarayana attended him and four teeth were removed by

surgery and upper lip sutured and debridment done and the petitioner

after surgery has also took treatment in the private hospitals and spent

Rs.50,000/- towards medical expenses. The appellant filed aforesaid OP

against respondent Nos.1 and 2, owner and insurer of the auto, claiming

compensation of Rs.2,00,000/- for the injuries sustained by him.

3. Before the Tribunal, respondent No.1 and respondent No.2 filed

separate written statements denying the averments of the claim petition

and contended that the amount claimed is excessive and prayed to

dismiss the claim petition.

4. After considering the oral and documentary evidence on record, the

Tribunal came to the conclusion that the accident occurred due to the

rash and negligent driving of the driver of the auto and awarded total

compensation of Rs.58,850/- with interest @ 7.5% per annum,

i.e.,Rs.21,850/- towards Medical expenses, present and future,

Rs.10,000/- towards discomfort and disfiguration, Rs.18,000/- towards

pain and suffering, Rs.9,000/- towards loss of income. Dissatisfied with

the quantum of compensation, the appellant filed the present appeal,

seeking enhancement of the same.

5. Heard.

6. Basing on the evidence on the record, this Court feels that

Rs.10,000/- granted towards discomfort and disfiguration and

Rs.18,000/- granted towards pain and suffering are meager and the

same are enhanced to Rs.40,000/- and Rs.40,000/- respectively. Except

the said enhancement, the Judgment of the Tribunal remains

unchanged.

7. In the result, the Motor Accident Civil Miscellaneous Appeal is

partly allowed, enhancing the compensation amount awarded by the

Tribunal from Rs.58,850/- to Rs.1,10,850/-. The enhanced amount

shall carry interest @ 7.5% per annum from the date of claim petition till

realization.

Miscellaneous petitions pending, if any, shall stand closed. No

costs.

____________________________ NAGESH BHEEMAPAKA, J Date: 01.09.2023 VRKS

THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

M.A.C.M.A. No.809 OF 2008

Date: 01.09.2023 VRKS