Telangana High Court
Ch.Narsi Reddy vs V.Yellaiah on 9 August, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.3879 of 2014
JUDGMENT:
This appeal is filed by the claimant aggrieved by the
award dated 18.12.2013 in O.P.No.149 of 2011 passed by the
Chairman, Motor Accidents Claims Tribunal-cum-IX Addl. Chief
Judge, City Civil Court at Hyderabad.
2. Heard both sides and perused the entire material on
record.
3. The claim petition was filed seeking compensation of
Rs.6,50,000/- for the injuries sustained by the claimant in the
motor vehicle accident and the Tribunal has granted
compensation of Rs.3,61,000/- with interest @ 7% per annum
from the date of petition till the date of deposit.
4. The case of the claimant is that on 29.10.2009, while
the claimant along with were travelling in an auto, the offending
vehicle which is a tractor and trailer driven by its driver in a
rash and negligent manner with high speed came in opposite
direction and hit the auto resulting in the claimant receiving
fracture injuries, which are 1) Liver laceration with contusion
segments 6th and 7th with moderate haemoperitoneum, 2)
KS, J
MACMA_3879_2014
compound grade-II fracture right shaft humerus at middle 3rd,
3) right rib fracture 5, 6, 7 and 8th with mild haemothorax and
4) shaft tissue injury right shoulder (avulsion injury). As per
Ex.A7 disability certificate, he sustained 50% permanent partial
disability.
5. The liability of the Insurance company and the injuries
are not in dispute, so also disability of the claimant. The Doctor
who treated the claimant was also examined as PW2 regarding
injuries and disability factor.
6. Learned counsel for the claimant would submit that
though the claimant availed Arogya scheme, he paid certain
bills by way of cash. Further, the learned Tribunal has granted
meager amounts under different heads though the claimant had
sustained grievous injuries resulting disability.
7. Learned counsel for the Insurance company would
submit that the learned Tribunal granted just and reasonable
compensation.
8. There is no dispute regarding grant of compensation of
Rs.2,97,000/- towards disability.
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MACMA_3879_2014
9. The Tribunal has rightly not considered the medical
bills, which the claimant alleged to have paid in cash with a
finding that he availed Arogya scheme. Hence, this Court is not
inclined to interfere with the said finding.
10. The Tribunal has granted an amount of Rs.50,000/-
towards grievous injury, Rs.10,000/- towards simple injuries
and however, no amount was granted towards pain and
suffering. As the petitioner has sustained grievous injuries
resulting in disability, this Court is inclined to grant an amount
of Rs.60,000/- towards grievous injury, Rs.20,000/- towards
simple injuries and Rs.50,000/- towards pain and suffering.
11. The Tribunal has granted only an amount of Rs.2,000/-
towards extra nourishment and Rs.2,000/- towards
hospitalization. Hence, this court is inclined to grant an amount
of Rs.10,000/- each for extra nourishment, transportation and
attendant charges.
12. In the light of the above discussion, the claimant is
entitled for the following compensation under different heads:
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MACMA_3879_2014
Head Compensation awarded
(1) Grievous injury Rs.60,000
(2) Simple injuries Rs.20,000
(3) Disability Rs.2,97,000
(4) Pain and suffering Rs.50,000
(5) Extra nourishment Rs.10,000
(6) Transportation Rs.10,000
(7) Attendant charges Rs.10,000
Total compensation awarded Rs.4,47,000/-
13. In the result, the Motor Accident Miscellaneous Appeal
is partly allowed enhancing the compensation amount awarded
by the Tribunal from Rs.3,61,000/- to Rs.4,47,000/- as
hereunder:
(a) The enhanced amount shall carry interest at 7.5%
p.a. from the date of petition till the date of realization.
(b) The respondents shall deposit the amount within a
period of (8) weeks from the date of receipt of copy of
judgment. On such deposit, claimant is permitted to
withdraw entire amount without furnishing any
security.
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MACMA_3879_2014
Pending miscellaneous petitions, if any, shall stand
closed. No order as to costs.
__________________
K.SURENDER, J
Date : 09.08.2024
gvl
