Thalal Bhojanna vs Belqush Begum And Another
2024 Latest Caselaw 1776 Tel

Citation : 2024 Latest Caselaw 1776 Tel
Judgement Date : 30 April, 2024

Telangana High Court

Thalal Bhojanna vs Belqush Begum And Another on 30 April, 2024

          THE HONOURABLE SRI JUSTICE K.SURENDER

                       MACMA.No.1291 OF 2012

JUDGMENT:

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

by the compensation granted by the Tribunal in OP.NO.527 of

2006, dated 10.02.2010 and to enhance the same.

2. The 1st respondent is the owner and the 2nd respondent is

the insurer of the offending Jeep bearing No.AP 1T 6005.

3. The case of the appellant-Injured is that on 27.07.2004, at

about 5.00 p.m., he boarded Jeep bearing No.AP 1 T 6005 at

Bhainsa to go to Beerelly village and when the said Jeep reached

Lolam bus stand, the driver of the jeep drove it in a rash and

negligent manner at high speed and lost control over it. As a

result of which the jeep turned turtle towards right side of the

road and the claimant fell down and received grievous injuries on

his head, shoulder, hand and other parts of the body. He was

immediately shifted to Government Hospital, Nirmal, where he

was treated for one day and thereafter he was advised to go for

better treatment. Accordingly, the injured was admitted in Priya

Nursing Home at Nirmal, where he underwent surgery and his

right hand was shortened. Due to the accident the

claimant/injured is unable to do any work with his right hand and

he lost his job.

4. The Police, Narsapur (G) registered case in Crime

No.41/2004 under Sections 337 and 338 of the Indian Penal code

and the driver was punished by the Court.

5. During trial, the Tribunal examined appellant/injured

himself as PW1 and also PW2. Exs.A1 to A26 were marked on

behalf of the claimant. The Tribunal after considering the evidence

on record and documents, came to the conclusion that the

claimant is entitled to compensation of Rs.40,000/- payable by

respondents 1 and 2, jointly and severally.

6. Aggrieved by compensation of Rs.40,000/- though the

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

7. Heard both sides.

8. There is no dispute regarding the accident and also the

injuries received by the claimant.

9. Learned counsel for the appellant submits that though the

appellant sustained two grievous injuries, three simple injuries,

and took treatment nearly 20 days as in-patient and underwent

surgery, the Tribunal without considering the same has granted

only Rs.40,000/- as compensation.

10. In the said circumstances, this Court deems appropriate to

grant compensation as follows;


      Two grievous injuries
      (30,000 + 30,000)                             Rs.60,000

      Three simple injuries
      (10,000 x 3)                                  Rs.30,000

      Pain and suffering + Attendant
      Charges + Transportation                      Rs.30,000
                                                    ____________
           Total:                                   Rs.1,20,000/-
                                                    _____________

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

compensation of Rs.1,20,000/-.

12. Accordingly, the M.A.C.M.A is allowed by enhancing the

compensation amount awarded by the Tribunal from Rs.40,000/-

to Rs.1,20,000/- 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 2 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. The claimant has to pay

the deficit Court fee or the Tribunal may deduct the amount

required for the purpose of Court fee from the amount awarded to