Telangana High Court
Y Chanderam, Hyderabad vs Manya Udathavathu, Hyderabad And Anr on 14 February, 2024
1
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A. No.2466 of 2015
JUDGMENT:
This appeal is preferred by the claimant - appellant
aggrieved by the order and decree dated 16.04.2015 passed by the
XI Additional Chief Judge, City Civil Court, Hyderabad (for short,
'the trial Court') in M.V.O.P.No.416 of 2012, whereby the trial
Court has granted an amount of Rs.8,30,956/- as against
Rs.20,00,000/- claim for the injuries received by him in a motor
vehicle accident.
2. The case of the claimant is that on 30.04.2011 he alongwith his
friend were going on a motor cycle bearing No.AP 10 TZ TR 0151, one
Tipper Lorry bearing No.AP 12 U 8406 came in a rash and negligent
manner from opposite direction with high speed and dashed their motor
cycle, as a result he sustained fracture of left leg, fracture of right femur
and other grievous injuries. It is further case of the claimant is that he
had taken treatment in different hospitals, finally it was certified that the
claimant had 85% disability under Ex.A12.
3. The trial Court, having examined PWs 1 to 6 and marking Exs.A1
to A13, Exs.X1 to X5 and Ex.B1, granted compensation of Rs.8,30,956/-
with simple interest @7.5% per annum from the date of petition till the
date of deposit or realization and proportionate costs thereon.
4. Heard both sides.
5. The main ground on which, the present appeal was filed is that the
Trial Court had considered the income of the claimant as Rs.4,500/-
though the claim of Rs.10,000/- was made.
6. It is not in dispute that the claimant was working as an electrician
and the reasonable income during the year 2011 can be considered at
Rs.7,500/- per month. It is an undisputed fact that the age of the
claimant was '33' years at the time of accident and the appropriate
multiplier that applied is '16', hence, it comes to
Rs.7,500/- x 12 x 16 = Rs.14,40,000/- and 40% of the future
prospects would be Rs.5,76,000/-, then it comes to Rs.20,16,000/-.
Since the claimant has sustained 85% disability, the amount for the
disability would come to Rs.17,13,600/-.
7. Further, the Trial Court had failed to consider Ex.A10, which is
the medical bill for Rs.18,000/- of the Vijaya Hospital, standing in the
name of claimant, as such, this Court is inclined to grant Rs.18,000/- for
the medical bills.
8. The Trial Court has also awarded an amount of Rs.60,000/- for
three grievous injuries and for pain and sufferance, an amount of
Rs.16,556/- for medical expenses, an amount of Rs.10,000/- for attendant,
transportation and extra nourishment and a sum of Rs.10,000/- for future
surgery, for which, this Court is not inclined to interfere.
9. Accordingly, this Court is inclined to grant compensation
under the following heads:
Amount
Amount
Sl. awarded by
Head awarded by
No. the Trial
this Court
Court
1. Loss of future income due to 7,34,400-00 17,13,600-00
disability
2. Medical Expenses 16,556-00 16,556-00
3. Medical Bills under Ex.A10 --- 18,000-00
4. Three grievous injuries and for 60,000-00 60,000-00
pain and sufferance
5. For attendant, transportation and 10,000-00 10,000-00
extra nourishment
6. Future Surgery 10,000-00 10,000-00
Total compensation awarded 8,30,956-00 18,28,156-00
10. In the result, the appeal is partly allowed enhancing the
compensation amount awarded by the Trial Court from
Rs.8,30,956/- to Rs.18,28,156/- 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 Insurance Company shall deposit the amount within a period
of (8) weeks from the date of receipt of a copy of this judgment.
On such deposit, claimant is permitted to withdraw the amount
without furnishing the security.
Miscellaneous applications, pending if any, shall stand
closed.
______________________
JUSTICE K.SURENDER
Date: 14.02.2024
ns
