K. Yadaiah vs The Commissioner ,
2024 Latest Caselaw 2650 Tel

Telangana High Court

K. Yadaiah vs The Commissioner , on 10 July, 2024

           THE HON'BLE SRI JUSTICE K.SURENDER

                      M.A.C.M.A.No.862 of 2010

JUDGMENT:

This appeal is filed by the claimant aggrieved by the

award dated 07.08.2008 in O.P.No.958 of 2005 passed by the

Motor Accidents Claims Tribunal-cum-IV Additional District &

Sessions Judge, Fast Track Court, Ranga Reddy District.

2. Heard Sri Malipeddi Srinivas Reddy, learned counsel for

the appellant/claimant and Sri N.S.Bhaskara Rao, learned

counsel for the respondent/Insurance company and perused the

entire material on record.

3. The claim petition was filed seeking compensation of an

amount of Rs.1,00,000/- and the learned Tribunal has granted

compensation of Rs.8,000/- without awarding interest.

4. The case of the claimant is that while he was going on

his motor bike, near State Bank of India, Nallakunta, the

offending vehicle which is a lorry came at high speed and hit the

bike resulting in the claimant falling down and receiving the

following injuries:

i) Abrasion on the forearm

ii) Abrasion on the right forearm KS, J MACMA_862_2010

iii) Injury on the lateral portion of right chest

5. The claimant was a practicing advocate who has taken

treatment and according to him, he could not attend his

professional duty for a period of three months.

6. The learned Tribunal found that after considering the

nature of injuries, etc., awarding an amount of Rs.8,000/-

towards compensation would meet the cause. Further,

keeping in view that the petitioner was aged 48 years and on

account of the accident he received three injuries whereby he

could not attend the Court to perform his profession work, for

a period of three months, this Court deems it appropriate to

grant an amount of Rs.24,000/- towards compensation under

different heads as below:

       Head                           Compensation awarded

 (1)   Two simple injuries                  Rs.15,000 (Rs.7,500X2)

 (2)   Extra nourishment                    Rs.5,000

 (3)   Transportation                       Rs.1,500

 (4)   Medical expenses                     Rs.1,500

 (5)   Pain and suffering                   Rs.1,000

 Total compensation awarded                 Rs.24,000/-
                                                                 KS, J
                                                      MACMA_862_2010

7. In the result, the Motor Accident Miscellaneous Appeal

is partly allowed enhancing the compensation amount awarded

by the Tribunal from Rs.8,000/- to Rs.24,000/- as hereunder:

(a) The enhanced amount shall carry interest at 7.5%

p.a. from the date of petition till the date of realization.

(c) The respondents shall deposit the amount within a

period of (8) weeks from the date of receipt of copy of

judgment. On such deposit, claimant is permitted to

withdraw entire amount without furnishing any

security.

Pending miscellaneous petitions, if any, shall stand

closed. No order as to costs.

__________________ K.SURENDER, J Date : 10.07.2024 gvl