Telangana High Court
Shaik Ahmed vs B. Simha Rayulu And 2 Others on 25 January, 2024
Author: P.Sree Sudha
Bench: P.Sree Sudha
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
M.A.C.M.A.No.245 of 2013
JUDGMENT:
This appeal is filed against the judgment and decree
passed in O.P.No.998 of 2006 dated 16.12.2012 on the file of
Motor Accidents Claims Tribunal-cum-III Additional District and
Sessions Judge (Fast Track Court), Nizamabad.
2. O.P.No.998 of 2006 was filed by the injured seeking
compensation of Rs.4,00,000/-, but the trial Court after
considering the oral and documentary evidence granted an
amount of Rs.43,000/- only with interest @ 7.5% per annum
from the date of petition till the date of realization. Aggrieved by
the said judgment this appeal is preferred.
3. The petitioner examined himself as P.W.1 and marked
documents as Ex.A.1 to A.9. The Insurance Company marked
Ex.B.1 which is copy of insurance policy.
4. In the appeal it is mainly contended that the trial Court
did not properly considered the evidences of P.Ws.1 and 2 and
requested this Court to enhance the compensation granted by
the trial Court.
5. Heard learned counsel for the appellant, no representation
on behalf of the respondents and perused the entire evidence on
record.
6. The petitioner examined himself as P.W.1 and Doctor as
P.W.2, filed Ex.A.3 CC of Injury Certificate which shows that the
petitioner admitted at Government Hospital on 20.04.2004 and
found the following injuries:
1. Fracture left humerous
2. Head Injury
7. X-Rays were taken and the petitioner was operated on
30.06.2006 by applying rush nail to the left humerous and after
regular follow up on 9th day sutures were removed and
discharged on 09.07.2004. The injury No.1 is grievous in
nature and injury No.2 is simple in nature and the petitioner
requires further operation to remove nails and that the
petitioner cannot lift heavy weights. Ex.A.4 is the OP Ticket-
cum-Discharge Summary and Ex.A.9 is case sheet.
8. Considering the nature of injury sustained by the
appellant, this Court finds it reasonable to grant Rs.18,000/-
towards injuries, Rs.10,000/- towards pain and suffering,
Rs.10,000/- towards loss of amenities, Rs.18,000/- towards
Medical expenses, Rs.10,000/- towards Transportation,
Rs.10,000/- towards Extra nourishments and Rs.10,000/-
towards attendants charges and Rs.10,000/- towards personal
expenses.
9. Therefore, appellant/petitioner is entitled for the
compensation in the following terms:
1. Loss occurred due to injuries Rs.18,000/-
2. Pain and Suffering Rs.10,000/-
3. Loss of Amenities Rs.10,000/-
4. Medical expenses Rs.18,000/-
5. For Transportation Rs.10,000/-
6. Extra nourishments Rs.10,000/-
7. Attendants Charges Rs.10,000/-
8. Personal Expenses Rs.10,000/-
TOTAL Rs.96,000/-
10. In the result, the appeal is partly-allowed by enhancing
the compensation amount from Rs.43,000/- to Rs.96,000/-
(Rupees Ninety Six thousand only) with interest at the rate of
7.5% per annum from the date of filing the petition till the date
of realization.
11. Appellant while travelling in an auto the driver of the auto
drove it a high speed and at the same time a tractor came in a
high speed and dashed the auto. A charge sheet was filed
against both the vehicles and thus there was composite
negligence on the part of auto driver and also on the part of
driver of tractor and trolley. Respondent No.2 is the owner of
the auto, respondent No.3 is the insurer of the auto. As there is
composite negligence of both the vehicles both of them are
equally liable to pay the compensation. The owner of the auto is
having insurance as such respondent No.3 is directed to deposit
half of the amount and respondent No.1 is also directed to
deposit half of the amount granted by this Court within a
period of one month from the date of judgment. On such
deposit, the petitioner is permitted to withdraw the said
amount along with interest accrued on it. There shall be
no order as to costs.
Miscellaneous petitions pending, if any, shall stand
closed.
_________________________
JUSTICE P.SREE SUDHA
DATE: 25.01.2024
Bw
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
DATE: 25.01.2024
Bw
