Pattem Laxmaiah vs S.H.Jagadeesh Kumar
2024 Latest Caselaw 560 Tel

Telangana High Court

Pattem Laxmaiah vs S.H.Jagadeesh Kumar on 12 February, 2024

            THE HON'BLE SRI JUSTICE K.SURENDER

                  M.A.C.M.A. No.2644 OF 2009
JUDGMENT:

1. Appellant-claimant filed this appeal against the Order and

Decree dated 09.07.2004 in O.P.No.321 of 2001 on the file of the

Motor Accident Claims Tribunal-C um-IV Additional District Judge

(II FTC), where under the Tribunal granted an amount of

Rs.12,500/- towards compensation along with interest @ 9% per

anuum as against the claim of Rs.75,000/- on account of the

injuries sustained by the appellant in the motor vehicle accident

occurred on 16.10.2000.

2. The manner of accident and the injuries sustained by the

appellant-claimant are not in dispute and the appellant challenged

the impugned award only on the quantum of compensation awarded

by the Tribunal. Therefore, this Court is not inclined to go into other

details other than the quantum of compensation.

3. Heard the learned counsel for the appellant and the learned

counsel for the 2nd respondent-Insurance Company.

4. The case of the appellant is that on 16.10.2000 in the early

morning he along with other hamalies boarded a lorry to go to

Mallepally and when the lorry reached Angadipeta village, another

lorry in the opposite direction came in a rash and negligent manner

with a high speed and dashed their lorry resulting in grievous

injuries and fractures.

5. Learned counsel for the appellant, submitted that the Tribunal

erroneously granted meager compensation for the injuries sustained

by the appellant and sought to enhance the same.

6. In the accident, the appellant sustained one grievous injury

i.e., fracture to his left frontal bone and one simple injury which is

laceration would on forehead and multiple small abrasions over both

forearms as per Ex.A-8. Taking into consideration the said evidence,

the Tribunal awarded total compensation of Rs.12,500/-.

7. In view of the injuries sustained by the appellant, this Court

deems it appropriate to enhance the compensation under various

heads as follows:

                                      Awarded by      Awarded by
     Sl.No.      Name of Head          Tribunal        this Court
     01.    Grievous injuries          Rs.7,000/-    Rs.25,000/-
            and pain and
            suffering
     02.    Simple injuries           Rs.1,500/-        Rs.5,000/-
     03.    Medical expenses,         Rs.2,000/--       Rs.6,000/-
            attendance,
            transportation and
            extra nourishment
     04.    Loss of pleasure,          2,000/-          Rs.6,000/-
            amenities, loss of
            earnings etc.
                      TOTAL           Rs.12,500/-     Rs.42,000/-

8. In the result, the Motor Accident Civil Miscellaneous Appeal is

partly allowed enhancing the compensation amount awarded by the

Tribunal from Rs.12,500/- to Rs.42,000/-. The enhanced amount

shall carry interest @ 7.5% per annum. Miscellaneous petitions

pending, if any, shall stand closed. No costs.

__________________ K.SURENDER, J Date : 12.02.2024 dv