Telangana High Court
Barrolla Balraju, Nizamabad. vs Sri. M.A. Hameed, Nizamabad. And Ano. on 27 August, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.192 of 2009
JUDGMENT:
This appeal is filed by the claimant aggrieved by the
award dated 17.07.2008 in O.P.No.790 of 2004 passed by the
Motor Accidents Claims Tribunal (District Judge) at
Nizamabad.
2. Heard Sri Lakkadi Dayakar Reddy, learned counsel for
the appellant/claimant and Sri N.S.Bhaskara Rao, learned
counsel for the respondent/Insurance company and perused
the entire material on record.
3. The claim petition was filed seeking compensation of
an amount of Rs.15,00,000/- and the Tribunal has granted
compensation of Rs.5,78,000/- with interest @ 7.5% per
annum from the date of petition till the date of realization.
4. The manner in which the accident has taken place
and liability are not disputed by either of the parties.
5. The claimant while going in an auto with a high
speed, he lost control and dashed against two pedestrians,
KS, J
MACMA_192_2009
thereafter the auto went off the road, turned turtle, due to
which the petitioner sustained multiple injuries and crush
injuries to both bones of right leg, fracture of skull, multiple
grievous injuries all over the body.
6. Then, coming to the disability sustained by the
claimant, basing on the evidence available on record, the
Tribunal has rightly taken the disability @ 100% and this
Court is not inclined to interfere with the said finding.
However, while computing the compensation, the future
prospects were not considered.
7. As per the case of claimant, he was working as a
Mason and earning an amount of Rs.12,000/- per month,
however, the learned Tribunal has taken the monthly income
at Rs.3,000/- as there was no material placed on record to
show that he was earning the said amount. In the light of the
law laid down by the Hon'ble Apex Court in case of
Ramachandrappa Vs. Manager, Royal Sundaram
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MACMA_192_2009
Alliance 1 , wherein, the monthly income is taken at
Rs.4,500/- without there being any evidence, this court is
inclined to consider the monthly income of the claimant at
Rs.4,500/-.
8. There is no dispute about the percentage of disability
arrived at by the learned Tribunal at 100%. Since this Court
is inclined to take the monthly income at Rs.4,500/-, as per
the age of the claimant i.e. 34 years as on the date of
accident, if 40% future prospects are added, the annual
income would come to Rs.75,600/- (Rs.4,500+1,800X12). As
per Schedule II of the Act, if the said annual contribution
arrived is multiplied with relevant multiplier to the age of the
claimant i.e.16, the total amount comes to Rs.12,09,600/-
which the claimant is entitled towards loss of future income
due to disability.
9. Basing on the evidence available on record, the
Tribunal has granted an amount of Rs.50,000/- towards pain
(2011) 13 SCC 236
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MACMA_192_2009
and suffering and Rs.20,000/- towards medical expenses and
this court is not inclined to interfere with the said findings.
10. Under the other conventional heads, the court below
has not granted any amounts and this court is inclined to
grant an amount of Rs.15,000/- for extra nourishment and
Rs.15,000/- each for transportation and attendant charges.
11. In the light of the above discussion, the claimant is
entitled for the following compensation under different heads:
Head Compensation awarded
(1) Loss of future income Rs.7,86,240
due to disability
(2) Medical expenses Rs.20,000
(3) Pain and suffering Rs.50,000
(4) Transportation Rs.15,000
(5) Attendant charges Rs.15,000
(6) Extra nourishment Rs.15,000
Total compensation awarded Rs.9,01,240/-
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MACMA_192_2009
12. In the result, the Motor Accident Miscellaneous
Appeal is partly allowed enhancing the compensation
awarded by the Tribunal from Rs.5,78,000/- to Rs.9,01,240/-
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.1 and 2 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: 27.08.2024
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