Bhukya Tirupathi vs Mattepalli Ramakrishna And 2 Ors.
2024 Latest Caselaw 1743 Tel

Telangana High Court

Bhukya Tirupathi vs Mattepalli Ramakrishna And 2 Ors. on 26 April, 2024

          THE HON'BLE SRI JUSTICE K.SURENDER

                  M.A.C.M.A. No.3550 OF 2008

JUDGMENT:

This appeal is filed by the claimant being not satisfied with

the compensation granted by the learned Chairman, Motor

Vehicle Accident Claims Tribunal-cum-IV Additional District

Judge at Warangal (for short, 'the Tribunal') vide order, dated

13.04.2006 in O.P.No.1209 of 2005.

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

on a Tractor trailer bearing No.AP-36K-7487/AP-36V-7117, the

driver of the Tractor drove the vehicle in a rash and negligent

manner at high speed and lost control over vehicle and the

vehicle turned turtle, as a result of which, claimant received

grievous injuries.

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

injuries received are not in dispute by either of the parties.

4. PW-2 /Doctor observed following injuries to the claimant:

i. A laceration of 5 cm X 2cm X ½ cm over the ankle joint of right lower leg.

ii. A laceration over chin of 3 cm x 1 cm iii. Multiple small abrasions over right arm. iv. Laceration over anterior part of right shoulder v. A laceration over right leg.

vi. Tenderness at left knee vii. Tenderness at lower back spine.

5. In the opinion of PW-2, injuries (vi) and (vii) are grievous

and other injuries are simple in nature. He further stated that

Ex.A5/ X-ray taken out in MGM hospital, Warangal show that

the claimant suffered fracture on right side Sacrum and fracture

of left pubic bone and also fracture of 10th & 11th ribs.

6. In view of the same, this Court deems it appropriate to

grant Rs.80,000/- to two grievous injuries (Rs.40,000/-

each) in addition to the compensation granted by the

Tribunal. The other components of compensation remain

unaltered.

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

the compensation amount awarded by the Tribunal from

Rs.33,388/- to Rs.1,13,388/-. The enhanced amount shall be

deposited by the respondent Nos.1 to 3 are 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