Kolla Bharathamma vs Katravath Bheemla And Anr
2023 Latest Caselaw 2778 Tel

             THE HON'BLE SRI JUSTICE M. LAXMAN

    MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL
                 No.3364 OF 2008
JUDGMENT:

1. The present Motor Accident Civil Miscellaneous Appeal is

filed challenging the order and decree, dated 24.04.2006 in

O.P.No.293 of 2001 on the file of the Chairman, Motor Accidents

Claims Tribunal-cum-IV Additional District Judge (FTC)

Mahabubnagar, (hereinafter referred to as 'Tribunal'), seeking

enhancement of compensation by the petitioner before the

Tribunal.

2. Heard.

3. The contention of the learned counsel for the appellant-

injured is that the Tribunal has not awarded any compensation

towards loss of amenities and compensation awarded towards

pain and suffering is on lower side. It is also contended that on

account of dislocation there shall be temporary loss of earnings

which shall be calculated for not less than six months.

4. The learned counsel for the insurance company-respondent

No.2 opposed the contention of the appellant stating that

compensation was justly fixed. According to her, the medical

evidence do not show any fracture and it is only dislocation.

5. Ex.A-2-wound certificate shows that the appellant-injured

sustained fracture and dislocation of right shoulder bone, blunt

injury on back portion and other injuries. She was working as

labour and considering her services to her family, the Tribunal

has fixed monthly income at Rs.1500/-, which is on lower side.

Considering the injuries, this Court is inclined to enhance the

same to Rs.3,000/- per month. The period of healment was

considered as one month by the Tribunal and this Court is

inclined to consider the same as three months. In the said

circumstances, the temporary loss of earnings comes to

Rs.9,000/- (Rs.3,000/- X 3 months), which shall include

Rs.1,500/- already granted by the Tribunal.

6. The Tribunal has granted an amount of Rs.10,000/-

towards pain and suffering, Rs.2,000/- towards medical expenses

and Rs.1,000/- towards extra nourishment. This Court feels that

the same are just and reasonable and requires no interference.

7. The Tribunal has not granted an amounts towards loss of

amenities and impact of injures on residual of life and this Court

is inclined to grant an amount of Rs.10,000/- under the said

heads.

8. The total quantum of compensation comes to Rs.32,000/-

[temporary loss of earnings: Rs.9,000/- + extra nourishment:

Rs1,000/- + medical expenses: Rs.2,000/- + pain and suffering:

Rs.10,000/- + loss of amenities and impact of injuries on residual

of life: Rs.10,000/-], the said amount shall include the

compensation of Rs.14,500/- already granted by the Tribunal.

9. In the result, the Motor Accident Civil Miscellaneous Appeal

is partly allowed and the quantum of compensation is enhanced

from Rs.14,500/- to Rs.32,000/-. The enhanced amount shall

carry interest at 7.5 % per annum from the date of filing of the

O.P. till the date of realization. Respondent Nos.1 and 2 herein

are directed to deposit the enhanced amount to the credit of O.P.

along with accrued interest within a period of two months from

the date of receipt of a copy of this judgment as both of them are

jointly and severally liable. On such deposit, the appellant is

permitted to withdraw the entire amount in the proportions, as

fixed by the Tribunal. The enhanced amount shall be paid to the

appellant on payment of deficit Court fee, if any. There shall be

no order as to costs. Miscellaneous petitions pending, if any,

shall stand closed.

_____________________ JUSTICE M.LAXMAN Date: 27.09.2023.

GVR