Sk. Khader Wali vs P. Srinivas And Another
2024 Latest Caselaw 714 Tel

Telangana High Court

Sk. Khader Wali vs P. Srinivas And Another on 20 February, 2024

       THE HONOURABLE SRI JUSTICE K.SURENDER

                     M.A.C.M.A. No.861 OF 2008
JUDGMENT:

1. This appeal is preferred by the claimant-appellant

aggrieved by the Order and Decree dated 05.04.2007 passed by

the I Additional District (Motor Accidents Claims Tribunal) at

Nizamabad. (for short, the Tribunal) in O.P.No.1909 of 2001,

whereby the Tribunal has granted only an amount of

Rs.1,20,000/- claim for the injuries sustained by him in a motor

vehicle accident.

2. Heard learned counsel appearing for the appellant-

claimant and learned Standing Counsel appearing for the

Insurance Company.

3. The case of the claimant is that on 04.05.2001, while the

claimant was going to Telecom Office at Gandhi Gunj,

Nizamabad, from T.D.M Office on his cycle on the left side of the

road at about 6:00 p.m., when he reached near Namdevwada

street, at a distance of 1 ½ kms towards east from Police Station

Traffic, meanwhile rider of a scooter bearing No.AP 25F 8966

came in a rash and negligent manner with high speed and

dashed the bicycle of the petitioner. The petitioner sustained

multiple fracture injuries on the left thigh to hip joint and other

grievous injuries all over the body. Thereafter, he had taken

treatment privately and also spent amounts for his treatment.

4. The trial Court, having examined PWs 1 to 2 and marking

Exs.A1 to A18, and Ex.B1, granted compensation of

Rs.1,20,000/- with simple interest @7.5% per annum from the

date of petition till the date of deposit or realization and

proportionate costs thereon.

5. The claim was made for Rs.4,00,000/- on the ground that

he was earning Rs.9,000/- per month as salary and Rs.6,000/-

per month from agriculture. In fact, he incurred more than

Rs.2,00,000/- for treatment. For the said reason, Rs.4,00,000/-

is to be awarded.

6. The learned tribunal having gone through the evidence

found that the disability certificate which was issued by

Dr.Ramulu cannot be considered in view of the observations of

the said Court.

7. However, the compensation for the injuries received is

Rs.5,000/- which is on the lower side, accordingly enhanced to

Rs.30,000/-, in addition to this, attendant charges of

Rs.15,000/-. For medical expenses, pain and suffering and loss

of estate, the Tribunal has awarded reasonable amount, for

which, this Court is not inclined to interfere

8. Accordingly, this Court is inclined to grant

compensation under the following heads:

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

1. Compensation for 5,000-00 30,000-00 grievous injury

2. Medical and Operation 45,000-00 45,000-00 Expenses

3. Pain and Suffering 25,000-00 25,000-00

4. Loss of estate 25,000-00 25,000-00

5. For, transportation and 20,000-00 20,000-00 extra nourishment

6. Attendant charges Nil 15,000-00

Total compensation 1,20,000-00 1,60,000-00 awarded

9. Accordingly, the MACMA is partly allowed enhancing the

compensation from Rs.1,20,000/- to 1,60,000/- (Rupees One

Lakh Sixty thousand only) with interest at 7.5% p.a. on the

enhanced amount from the date of petition till realization. There

shall be no order as to costs.

As a sequel, miscellaneous applications, if any, pending in

this appeal shall stand closed.

_________________ K.SURENDER, J Date: 20.02.2024 dgr