Telangana High Court
The Oriental Insurance Company Limited vs S.Laxmi Narayana And Anr on 20 February, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.3425 of 2012
JUDGMENT:
Aggrieved by the award dated 09.04.2008 in O.P. No.69 of
2003 passed by the learned I Additional Chief Judge-cum-the
Chairman, Motor Vehicle Accidents Claims Tribunal, City Civil Court,
Secunderabad, the petitioner has filed this appeal for enhancement of
the compensation amount.
2. Heard Sri P.Gangarami Reddy, learned counsel for the
petitioner and Sri R.Narender, learned counsel appearing for
respondents and perused the entire material on record.
3. The petitioner was working as Tailor. The case of the
petitioner is that on 23.12.2001, while he was proceeding from
Basheerbagh to Indiranagar on Scooter along with his brother's son
Shiva Prasad and his friend Mallesh, when they reached RTC colony,
near Graveyard, Tirumalgherry, Secunderabad, one lorry bearing
No.AET 6568 driven by its driver in a rash and negligent manner with
high speed, came from opposite direction and hit the petitioner, due to
which, he fell down on the road and sustained multiple grievous
injuries all over the body. Immediately, he was shifted to Gandhi
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Hospital which is Government Hospital and was discharged.
Thereafter, he was treated privately by P.W.5-Dr.G.Subhash Rao.
4. The Tribunal having considered the evidence on record, taken
into consideration the income of the claimant as Rs.3,000/- as claimed
by him. Though P.W.5 issued Disability Certificate assessing the
disability at 30%, the Tribunal found that there was no documentary
evidence which was provided by the claimant to show that he had
taken treatment as outpatient. In the said circumstances, claim of 30%
disability was not considered by the Tribunal. In the absence of any
proof that P.W.5 treated the claimant after his discharge from the
hospital, the Tribunal has refused to rely on the certificate issued by
P.W.5.
5. However, in view of the claimant receiving injuries of clavicle
fracture at left side and proximal end of the right tibia, he was operated
on 30.12.2001 and fore hold INR plate fixed into the bone and that the
bone was united at the time of discharge. The cost involved in
procedure for removing the plate was not considered by the Tribunal.
Being Tailor, The Tribunal assessed his income as Rs.3,000/- per month
and awarded Rs.6,000/- for two months towards loss of income,
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Rs.30,000/- towards pain and suffering and Rs.61,346/- towards
medical expenses, in total, an amount of Rs.97,346/- was awarded
towards total compensation, to the petitioner.
6. In the said circumstances, this Court deems it fit and proper to
consider the income of the claim at Rs.3,700/- since the daily batta of
Rs.50/- as claimed by the petitioner was not considered by the Tribunal
and enhance the compensation as follows:
Medical bills = Rs. 82,746/-
Loss of earnings (Rs.3,700/- x 2 months) = Rs. 7,400/-
Pain and suffering = Rs. 50,000/-
____________
Total = Rs.1,40,146/-
7. In the result, the M.A.C.M.A is partly allowed enhancing the
compensation amount granted by the Tribunal from Rs.97,346/- to
Rs.1,40,146/-(Rupees One Lakh Forty Thousand one Hundred and
Forty Six 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
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of the amount, the claimant is entitled to withdraw the same without
furnishing any security.
Pending miscellaneous petitions, if any, shall stand closed. No
order as to costs.
_________________
K.SURENDER, J
Date: 20.02.2024
Lpd
