Akiti Raja Reddy R/O Bhiknoor M, ... vs N. Bhoomreddy And Another
2024 Latest Caselaw 649 Tel

Telangana High Court

Akiti Raja Reddy R/O Bhiknoor M, ... vs N. Bhoomreddy And Another on 15 February, 2024

                                 1




     THE HONOURABLE SRI JUSTICE K.SURENDER

                  M.A.C.M.A. No.1921 OF 2008

JUDGMENT:

This appeal is preferred by the appellant aggrieved by the

order and decree dated 08.12.2005 passed in O.P.No.1114 of 2003

by the Chairman, Motor Accident Claims Tribunal (Fast Track

Court), Nizamabad at Kamareddy (for short 'the Tribunal'),

whereby the Tribunal has granted compensation of Rs.60,000/- as

against claim of Rs.1,25,000/- for the injuries sustained by him in a

motor vehicle accident.

2. The claimant while walking on the road of Ryagatpally

along with his brother, one scooter came from behind in a rash and

negligent manner with high speed and hit him, due to which he

sustained injuries.

3. The Tribunal having examined the claimant and having gone

through the injury certificate, prescriptions etc. under Exs.A1 to

A10 found that the claimant sustained grievous injury i.e. swelling

and deformity of left arm abnormal mobility present. X-ray of left

arm and shoulder shows humorous. Ex.A2 discloses a fracture of

shaft of humorous M 1/3 - U 1/3 both middle and upper. He is

also shown to have sustained one more grievous injury i.e.

swelling and deformity of left ankle tenderness present. X-ray

shows fracture of left lateral malelolous. He is also shown to have

sustained one contusion and abrasion of left side chest which is

simple in nature. As per the injury certificate - Ex.A2 the claimant

sustained two grievous injuries and one simple injury.

4. In view of the Insurance Company not disputing the said

injuries, this Court deems it appropriate to enhance the

compensation.

5. Accordingly, this Court is inclined to grant compensation

under the following heads:

                                          Amount           Amount
Sl.
                      Head             awarded by the    awarded by
No.
                                        Trial Court       this Court

1.    Two fracture injuries                40,000-00        60,000-00
2.    Simple injury                          3,000-00       10,000-00
3.    Loss of earnings                     12,000-00        24,000-00
4.    Medical bills                        5,000-000         5,000-00
5.    Pain and suffering                           ---      20,000-00
      Total compensation awarded           60,000-00      1,19,000-00

6. In the result, the appeal is partly allowed enhancing the

compensation amount awarded by the Tribunal from Rs.60,000/-

to Rs.1,19,000/- 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: 15.02.2024 NDS/NS