Telangana High Court
Ade Baliram , Baliram Rupavat , Rupavat ... vs Shaik Mubeer , Shaik Mubeen And Another on 27 August, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.194 of 2009
JUDGMENT:
Aggrieved by the meager compensation of Rs.65,827/-
that was granted by the learned Chairman, Motor Vehicle
Accidents Claims Tribunal-cum-District Judge, Adilabad vide
Award dated 07.08.2008 in OP No.849 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.5,00,000/- for the injuries received by
him in the motor vehicle accident.
4. According to the claimant, while he was travelling in a
jeep and the driver of the said jeep drove the vehicle in rash
and negligent manner in high speed, due to which he lost
control over the vehicle and the said jeep turned turtle,
resulting in injuries to the claimant. Because of the
permanent disability sustained, he is unable to attend his
duties.
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MACMA_194_2009
5. The claimant in the accident, sustained fractures
injuries and disability.
6. In support of the disability, the claimant produced
Ex.A19/disability certificate showing that he sustained
disability at 40% partial permanent disability on account of
the injuries received by him. However, the Tribunal has not
considered the disability certificate and not granted any
amount under the head.
7. Learned Tribunal Judge having considered
Ex.A-19/Disability Certificate which was issued by the
Chariman of the Medical Board of the District Headquarters
Hospital, Adilabad found that the certificate reflected
disability at 40%. However, there is an endorsement on the
certificate to the effect that it is not valid for the judicial
purpose. The said endorsement in the certificate will not come
in the way of the Court to ignore factum of disability. Since,
the assessment is made by panel of three Doctors, which is
the medical board constituted by the Government and the
experts have arrived at conclusion that there was 40% partial
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permanent disability, the same can be considered while
granting compensation irrespective of endorsement made in
the certificate. However, the factum of disability is not
disputed by the Doctor. Therefore, in view of the partial
permanent disability sustained by the claimant, it is
appropriate to grant an amount of Rs.50,000/- for disability.
8. The Tribunal has granted an amount of Rs.34,827/-
towards loss of earnings due to the injuries sustained in the
accident. As the petitioner has sustained grievous injuries
resulting in disability, this Court is inclined to grant an
amount of Rs.1,20,000/- towards two grievous injuries.
9. The tribunal has granted an amount of Rs.7,000/-
towards pain and suffering for the above injuries, which is at
lower side and this Court is inclined to enhance the same to
Rs.20,000/- towards pain and suffering.
10. The Tribunal has granted an amount of Rs.6,000/-
towards transportation and Rs.6,000/- for attendant charges
and this Court is not inclined to interfere with the said
findings. In addition thereto, as the claimant suffered
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grievous injuries and took treatment for recovery of such
injuries, the claimant is also entitled for Rs.10,000/- towards
extra nourishment.
11. In the light of the above discussion, the claimant is
entitled for the following compensation:
Head Compensation awarded
(1) Two grievous injuries Rs.1,20,000/-
(2) Disability Rs.50,000/-
(3) Pain and suffering Rs.20,000/-
(4) Extra nourishment Rs.10,000/-
(5) Transport Rs.6,000/-
(6) Attendant charges Rs.6,000/-
Total compensation awarded Rs.2,12,000/-
12. In the result, the Motor Accident Miscellaneous
Appeal of the claimant is partly allowed by enhancing the
compensation amount awarded by the Tribunal from
Rs.65,827/- to Rs.2,12,000/- as hereunder:
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MACMA_194_2009
(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-insurance company shall deposit
the amount within a period of (8) weeks from the date
of receipt of copy of judgment. On such deposit,
claimant is entitled to withdraw the entire amount
without furnishing any security.
Pending miscellaneous petitions, if any, shall stand
closed.
__________________
K.SURENDER, J
Date: 27.08.2024
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