Citation : 2024 Latest Caselaw 625 Tel
Judgement Date : 14 February, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.891 of 2010
JUDGMENT:
Aggrieved by the award dated 23.04.2008 in O.P. No.744 of
2006 passed by the learned IV Additional District Judge-cum-the
Chairman, Motor Vehicle Accidents Claims Tribunal, Warangal, the
petitioner has filed this appeal for enhancement of the compensation
amount.
2. Heard Sri C.A.R.Seshagiri Rao, learned counsel for the
petitioner and Smt. Kalpana Ekbote, learned counsel appearing for
respondents and perused the entire material on record.
3. The petitioner/claimant was working as Police Constable and
earning about Rs.10,000/- per month. The case of the claimant is that
on 27.05.2005, while the deceased was going on his motor cycle after
attending duty, a lorry registered bearing No.AP 24 V 2572 came at
high speed in a rash and negligent manner and hit the motor cycle.
Resulting, the petitioner claimant received three grievous injuries. 1)
fracture of Mandible, 2) fracture on the right shoulder and 3) head
injury. The accident is not in dispute. However, the trial Court had
considered only one grievous injury though P.W.2-Doctor was KS, J MACMA_891_2010
examined the deceased and stated that appellant-claimant received
three grievous injuries.
4. In the said circumstances, this Court deems it fit and proper to
enhance the compensation as follows:
For three grievous injuries (20,000/- x 3) = Rs.60,000/-
Transportation = Rs. 5,000/-
Medical bills = Rs.55,600/-
Loss of earnings = Rs.20,000/-
Pain and suffering = Rs.40,000/-
____________
Total = Rs,1,80,600/-
5. In the result, the M.A.C.M.A is partly allowed enhancing the
compensation amount granted by the Tribunal from Rs.74,540/- to
Rs.1,80,600/-(Rupees One lakh eighty thousand six hundred only) with
interest at the rate of 7.5 percent per annum from the date of petition
till the date of realization to be payable by the respondent Nos.1 and 2
jointly and severally within a period of one(1) month from the date of
receipt of a copy of this order. On such deposit of the amount, the
claimant is entitled to withdraw the same.
KS, J MACMA_891_2010
Pending miscellaneous petitions, if any, shall stand closed. No
order as to costs.
_________________ K.SURENDER, J
Date: 14.02.2024 Lpd
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