Gaddam Suresh vs Ch .Maruthi And Another
2024 Latest Caselaw 1742 Tel

Telangana High Court

Gaddam Suresh vs Ch .Maruthi And Another on 26 April, 2024

           THE HON'BLE SRI JUSTICE K.SURENDER

                  M.A.C.M.A. No.4088 OF 2008

JUDGMENT:

This appeal is filed by the claimant being not satisfied with

the compensation awarded by the learned Chairman, Motor

Vehicle Accident Claims Tribunal (IV Additional District Judge)

(FTC), Nizamabad (for short, 'the Tribunal') vide order, dated

23.02.2007 in O.P.No.421 of 2003.

2. Brief facts of the case are that the claimant while

proceeding on a motorcycle along with his friends, one Bus

bearing No.AP-25-T-9595 driven by its driver came in a rash

and negligent manner at high speed and dashed against the

motorcycle, as a result of which, petitioner received multiple

injuries all over his body.

3. The manner in which the accident had taken place and the

liability of the insurance company is not in dispute. Further, the

injuries that were received were also not disputed.

4. The injuries received by the claimant are as under:-

i. 10x5 cms lacerated wound over left fore arm. X-ray reveals fracture both bones of left fore arm.

ii. Swelling over left arm x-ray reveals fracture of left humorous. iii. Radial lower paralysis on the left side.

iv. Swelling over left elbow x-ray reveals fracture of left condylor. v. Swelling right shoulder x-ray reveals fracture of right scapula.

5. Admittedly all the five injuries are grievous in nature.

According to the Doctor, he treated for nearly a month and

operated twice for the fracture and implant was put into right

fore arm and arm bones of the claimant and in support of the

treatment Ex.A-9 was filed. Further, the relevant x-rays and case

sheet were filed as Ex.A-11 and A-12, wound certificate/ Ex.A3

was also filed. The said five grievous are not in dispute.

6. In view of the grievous injuries received by the claimant on

the shoulders and hands, this Court deems it appropriate to

enhance the compensation as under::

         Sl.                              Amount awarded by
                        Head
        No.                                  this Court

        1.     Five grievous injuries              1,75,000-00
               (Rs.35,000/- each)

        2.     pain and suffering                    30,000-00




       3     Transport  and    extra              50,000-00
             nourishment

             Total   compensation              2,55,000-00
             awarded

7. In the result, the appeal is partly allowed enhancing

the compensation amount awarded by the Tribunal from

Rs.1,50,000/- to Rs.2,55,000/-. The enhanced amount shall

be deposited by the respondent Nos.1 and 2 jointly and severally

within a period of two (2) months from the date of this judgment.

The enhanced amount shall carry interest at 7.5% p.a.

from the date of petition till the date of realization. On such

deposit, claimant is permitted to withdraw the amount without

furnishing any security. There shall be no order as to costs.

Miscellaneous applications, pending if any, shall

stand closed.

______________ K.SURENDER Date:26.04.2024 ktm