Telangana High Court
P.Ramreddy vs National Insurance Co Ltd And Anr on 12 August, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.1095 of 2010
JUDGMENT:
Aggrieved by the meager compensation of Rs.64,000/-
that was granted by the Chairman, Motor Vehicle Accidents
Claims Tribunal (VIII Addl. District Judge) at Nizamabad, vide
award dated 31.01.2009 in OP No.80 of 2004, the present
appeal is filed.
2. Heard both sides and perused the entire material on
record.
3. The claim petition was filed by the claimant seeking
compensation of Rs.8,00,000/- for the injuries received by him
in the motor vehicle accident.
4. According to the claimant, while he was going on a
motorcycle, the offending vehicle which is a motorcycle came
from behind at high speed and hit the motorcycle of the
claimant, resulting in falling down of the claimant and
sustaining of injuries.
5. The manner in which the accident has taken place and
liability of the Insurance company are not in dispute. According
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to PW3/doctor who treated the claimant has stated that the
claimant sustained contusion on the left temporal region and
another contusion on the right frontal region. Further, temporal
bone on the right side was fractured.
6. According to the Tribunal, on the basis of the doctor's
evidence, the claimant has taken treatment for around two
months. Considering the income at Rs.4,500/- per month, the
Tribunal has granted an amount of Rs.9,000/- towards loss of
earnings for a period of two months. As per the claimant, he was
earning an amount of Rs.10,000/- per month by doing motor
winding work and cultivation. Hence, this Court is inclined to
grant an amount of Rs.20,000/- (Rs.10,000x2) towards loss of
earnings.
7. Considering the medical evidence on record, the
Tribunal has granted an amount of Rs.30,000/- towards
medical expenses and this Court is not inclined to interfere with
the said finding.
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8. There is no dispute regarding the two grievous injuries
sustained by the claimant, for which, this Court is inclined to
grant an amount of Rs.50,000/- (Rs.25,000x2).
9. The Tribunal has granted only an amount of
Rs.20,000/- towards pain and suffering and Rs.3,000/- for
extra nourishment and Rs.2,000/- for attendant charges.
Considering the grievous nature of injuries, this Court is
inclined to grant an amount of Rs.25,000/- towards pain and
suffering and Rs.5,000/- each for attendant charges, extra
nourishment and transportation.
10. In the light of the above discussion, the claimant is
entitled for the following compensation under different heads:
Head Compensation awarded
(1) Loss of income Rs.20,000
(2) Medical expenses Rs.30,000
(3) Two grievous injuries Rs.50,000
(4) Pain and suffering Rs.25,000
(5) Attendant charges Rs.5,000
(6) Extra nourishment Rs.5,000
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(7) Transportation Rs.5,000
Total compensation awarded Rs.1,40,000/-
11. In the result, the Motor Accident Miscellaneous Appeal
is partly allowed enhancing the compensation amount awarded
by the Tribunal from Rs.64,000/- to Rs.1,40,000/- 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.
Pending miscellaneous petitions, if any, shall stand
closed. No order as to costs.
__________________
K.SURENDER, J
Date : 12.08.2024
gvl
