V.Venkatesh vs M/S.Frozil Eengineers And Anr
2023 Latest Caselaw 2439 Tel

      THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

                   M.A.C.M.A. No.936 OF 2008
JUDGMENT:

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

Order and Decree dated 27.12.2007 passed in O.P.No.353 of 2001

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

and Sessions Judge, Ranga Reddy District at L.B.Nagar (for short,

the Tribunal).

2. The brief facts of the case are that on 11.01.2001, while the

appellant was proceeding on tractor and trailer bearing No.AAL-

1981 and 1982 as labourer for loading and unloading material, the

driver of the tractor lost his control and due to which the tractor

turned turtle near Swarnagab agriculture field, Maheshwaram.

Immediately, after the accident, the driver of the vehicle fled away

from the place of the accident. As a result, the appellant sustained

fracture of rib bones, fracture of collar bone and other grievous

injuries and the appellant was treated in a private Hospital. The

appellant filed aforesaid .O.P against respondent Nos.1 and 2,

owner and insurer of the vehicle, claiming compensation of

Rs.1,50,000/- for the injuries sustained by the appellant.

3. Before the Tribunal, respondent No.1 remained ex parte.

Respondent No.2 filed counter 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 driver of the tractor and awarded total

compensation of Rs.50,000/- with interest @ 7.5% per annum, i.e.,

Rs.20,000/- towards pain and suffering, Rs.6,000/- towards

medical expenditure, Rs.4,000/- towards loss of earnings,

Rs.2,400/- towards extra nourishment and attendant charges,

Rs.600/- towards transportation and Rs.10,000/- towards

permanent disability. Dissatisfied with the quantum of

compensation, the appellant filed the present appeal, seeking

enhancement of the same.

5. Heard.

6. A perusal of the record, the total compensation awarded by

the tribunal is reached at Rs.43,000/- whereas in the concluding

paragraphs of the order passed by the learned tribunal is shown at

Rs.50,000/-. The order of the tribunal is silent with regard to the

head under which said remaining Rs.7,000/- has been awarded.

7. Now coming to the present appeal on hand, on screening the

evidence of P.W.2, the doctor who treated the appellant, stated that

the appellant was treated as in-patient from 11.01.2001 to

23.03.2001 and underwent surgery on 06.03.2001, resulting which

upper portion of right lung was removed due to laceration and

infection. In view of the above, it is clear that the appellant may not

be in a position to attend his avocation with the same vigor with

which he attended earlier, as such this Court feels that the amount

of Rs.10,000/- awarded by the Tribunal towards permanent

disability is meager and the same is enhanced to Rs.60,000/-.

Except the said enhancement, the Judgment of the Tribunal

remains unchanged. However,

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

partly allowed, enhancing the compensation amount awarded by

the Tribunal from Rs.50,000/- to Rs.1,00,000/-. 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:15.09.2023 VRKS

THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

M.A.C.M.A. No.936 OF 2008

Date:15.09.2023 VRKS