Telangana High Court
Nambi Sudheendra Babu vs Mohd. Abdul Lateef And Another on 22 February, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.1144 of 2008
JUDGMENT:
Aggrieved by the award dated 03.10.2007 in O.P. No.315 of
2003 passed by the learned VIII Additional District Judge-cum-the
Chairman, Motor Vehicle Accidents Claims Tribunal, Nizamabad, the
petitioner has filed this appeal for enhancement of the compensation
amount.
2. Heard Sri T.V.Kalyam Singh, learned counsel for the petitioner
and the learned counsel appearing for respondents and perused the
entire material on record.
3. Briefly, the case of the claimant is that on 11.12.2002, while he
was returning to his head quarters and when he reached the limits of
Bidralli Village shivar, one trolley auto bearing No.AP 25U 3239 came
at high speed and dashed against his motor cycle, as a result, he fell
down and the trolley auto ran over him causing serious injuries i.e., 1)
Shaft right femur M 1/3-Fresh-Grievous 2) Right tibia M 1/3-Fresh
Grievous 3) Fracture medial condyle right tibia-Fresh-Grievous and 4)
Both bones right forearm -Fresh-Grievous. The factum that he was
working as Branch Manager, State Bank of Hyderabad, Nizamabad, is
not in dispute. Ex.A.11 is rejection of leave certificate.
KS, J
MACMA_1144_2008
4. The Tribunal having considered the evidence on record,
granted an amount of Rs.20,000/- towards loss of earnings, Rs.75,000/-
towards medical and extra nourishment expenses, Rs.25,000/- towards
pain and suffering and Rs.3,000/- towards attendant charges, in total
Rs.1,23,000/- towards total compensation.
5. Learned counsel for the claimant would submit that P.W.2-
Doctor in his evidence, stated that at the time of discharge, he was
examined and it was found that he had 2 cms shortening of right lower
limb, posttraumatic stiffness of right knee joint and following that he
had flexion deformity of 20 degrees, hence, in the said circumstances, it
should be treated as permanent disability and in accordance with the
judgment of the Apex Court in "SARLA VERMA vs. DELHI
TRANSPORT CORPORATION 1," (for short "Sarala Verma case"),
40% should be added towards future aspects and also multiplier of 15
should be adopted.
6. The claimant was working as Branch Manager. It is not the
case that on account of the accident, he was impaired in any manner to
execute his job. In the said circumstances, the claim of permanent
disability, cannot be accepted.
(2009)6 SCC 121
KS, J
MACMA_1144_2008
7. However, this Court deems it fit and proper to enhance the
compensation as follows:
Loss of pay = Rs. 70,000/-
For four grievous injuries (25,000/- x 4) = Rs.1,00,000/-
Attendant charges = Rs. 20,000/-
Pain and suffering = Rs. 50,000/-
____________
Total = Rs.2,40,000/-
8. In the result, the M.A.C.M.A is partly allowed enhancing the
compensation amount granted by the Tribunal from Rs.1,23,000/- to
Rs.2,40,000/-(Rupees Two Lakhs Forty Thousand 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 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
KS, J
MACMA_1144_2008
THE HONOURABLE SRI JUSTICE K.SURENDER
22.02.2024
Lpd
