Konapally Vijaya vs G. Ganesh,
2024 Latest Caselaw 3212 Tel

Telangana High Court

Konapally Vijaya vs G. Ganesh, on 12 August, 2024

             THE HON'BLE SRI JUSTICE K.SURENDER

                   M.A.C.M.A.No.5153 of 2008

JUDGMENT:

Aggrieved by the meager compensation of Rs.50,000/-

that was granted by the Chairman, Motor Vehicle Accidents

Claims Tribunal (II Addl. District Judge) (FTC), Nizamabad, vide

award dated 05.11.2007 in OP No.328 of 2002, 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.3,00,000/- for the injuries received by him

in the motor vehicle accident.

4. According to the claimant, while he was travelling in a

jeep, the driver of the jeep drove it in a rash and negligent

manner at high speed and dashed against Suzuki motorcycle

which was coming in opposite direction and further hit to a road

side tree, resulting in injuries to the claimant.

5. As per the evidence of claimant/PW1, doctor/PW2 and

Ex.C1/case sheet, the claimant sustained liner laceration abent KS, J MACMA_5153_2008

and swelling deformity and tenderness over the right elbow

resulting in commuted fracture of right olecranor.

6. For the injuries sustained by the claimant, the Tribunal

has granted only an amount of Rs.20,000/-. As the injuries

resulted in fracture, this Court is inclined to grant an amount of

Rs.40,000/- for the injuries.

7. As per the evidence on record, the learned Tribunal has

granted an amount of Rs.15,000/- towards medical expenditure

and this Court is not inclined to interfere with the said finding.

8. The learned Tribunal has granted meager amounts

under the other heads. For the pain and suffering which the

claimant has undergone due to the injuries, he is entitled

Rs.20,000/-. Further, the claimant is entitled for Rs.5,000/-

each for transportation, extra nourishment and loss of earnings.

9. In the light of the above discussion, the claimant is

entitled for the following compensation under different heads:

           Head                             Compensation awarded

     (1)   Injuries                          Rs.40,000

     (2)   Medical expenditure               Rs.15,000
                                                                    KS, J
                                                        MACMA_5153_2008




      (3)   Pain and suffering                     Rs.20,000

      (4)   Transportation                         Rs.5,000

      (5)   Extra nourishment                      Rs.5,000

      (6)   Loss of earnings                      Rs.5,000

      Total compensation awarded                 Rs.90,000/-

10. In the result, the Motor Accident Miscellaneous Appeal

is partly allowed enhancing the compensation amount awarded

by the Tribunal from Rs.50,000/- to Rs.90,000/- 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 respondent Nos.2 and 3 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