Perala Salamma vs Daripally Anaiah
2024 Latest Caselaw 1764 Tel

Telangana High Court

Perala Salamma vs Daripally Anaiah on 29 April, 2024

        THE HONOURABLE SRI JUSTICE K.SURENDER

                        MACMA.No.3065 OF 2008

JUDGMENT:

1. This appeal is preferred by the appellant/injured aggrieved

by the compensation granted by the Tribunal in OP.NO.1188 of

2002, dated 12.07.2006 and to enhance the same.

2. The 1st respondent is the driver, 2nd respondent is the owner

and the 3rd respondent is the insurer of the offending Jeep bearing

No.AP 20 F 1330.

3. The case of the appellant-Injured is that while she was

travelling by Jeep bearing No.AP 20 F 1330, near culvert of

Chintapally, the 1st respondent-driver of the jeep drove the vehicle

in a rash and negligent manner at high speed, lost control over the

vehicle resulting in the jeep turned turtle and the appellant

sustained injuries. The petitioner took treatment for four days as

in-patient at Khammam later she was shifted to Mamatha General

Hospital Khammam wherein she took treatment for a period of two

days. Thereafter, the petitioner took treatment as out-patient.

4. During trial, the Tribunal examined appellant/injured

herself as PW1 and also RWs.1 and 2. Exs.A1 to A4 were marked

on behalf of the claimant. Ex.B1- copy of the insurance policy, B2-

copy of driving licence of R1 and Ex.B3 copy of extract of driving

licence register were marked on behalf of respondents. The

Tribunal after considering the evidence on record and documents,

came to the conclusion that the claimant is entitled to

compensation of Rs.4,000/- payable by respondents 1 to 3, jointly

and severally.

5. Aggrieved by compensation of Rs.4,000/- though the

claimant claimed Rs.1 lakh, present appeal was filed.

6. Heard both sides.

7. It is not in dispute regarding the accident and also that the

claimant received injuries.

8. Though the appellant sustained two simple injuries, she

took treatment as in-patient for about six days and thereafter as

out-patient. In the said period she would have lost her income and

spent amount for transportation, attendant charges, medical

expenses etc. The amount granted by the Tribunal under various

heads is very low.

9. Hence, this Court is inclined to grant a total amount of

Rs.25,000/- as compensation towards, two simple injuries, pain

and suffering, transportation, medical expenses and loss of

income.

10. Thus, the appellant/injured is entitled to a total

compensation of Rs.25,000/-.

11. Accordingly, the M.A.C.M.A is partly allowed by enhancing

the compensation amount awarded by the Tribunal from

Rs.4,000/- to Rs.25,000/- with proportionate costs and interest @

7.5% p.a. on the enhanced amount from the date of petition till

the date of realisation payable by the respondents 1 to 3 jointly

and severally, within 6 weeks from the date of receipt of a copy of

this order. On such deposit, the petitioner is permitted to

withdraw the entire amount without furnishing any security.

As a sequel, miscellaneous applications, if any, pending in

this appeal shall stand closed.

___________________ K.SURENDER, J

Dt. 29.04.2024 tk