Sk. Hussain vs Palla Prabhakar Reddy
2024 Latest Caselaw 2727 Tel

Telangana High Court

Sk. Hussain vs Palla Prabhakar Reddy on 16 July, 2024

     THE HONOURABLE SRI JUSTICE K.SURENDER

               M.A.C.M.A No.1132 of 2010

JUDGMENT:

This appeal is filed by the claimant aggrieved by

the Order dated 13.04.2010 passed by the Motor

Accidents Claims Tribunal (District Judge) at Khammam

(for short, 'the Tribunal') in M.V.O.P.No.1214 of 2007,

seeking enhancement of compensation granted by the

Tribunal.

2. Heard learned counsel appearing on both sides and

perused the material available on record.

3. The claimant while going on the main road on his

cycle to his agriculture fields, the offending vehicle which

is a Tractor driven by its driver, came in a rash and

negligent manner with high speed and dashed the

claimant. Resultantly the claimant fell down and the

Tractor's front tyres ran over both the legs of the

claimant.

4. According to the Doctor, the claimant sustained

fracture of both bones of left leg; bimalleolar fracture right

ankle joint, abrasion over right forehead, abrasion over

right knee joint and lacerated wound over right leg.

5. The manner in which the accident had taken place,

the injuries sustained by the claimant and the liability

are not disputed by the Insurance Company.

6. Learned counsel appearing for the claimant would

submit that the Tribunal has awarded only Rs.1,00,000/-

which is very less for the injuries sustained by the

claimant.

7. Keeping in view that the claimant sustained two

fractures which are grievous in nature and three simple

injuries and also the admitted fact that he requires future

treatment, this Court deems it appropriate to enhance the

compensation as follows:

Sl. Head Compensation Compensation No awarded by the awarded by this Tribunal Court 1 Medical expenses Rs.50,000/- Rs.50,000/-

2 2 fractures _ 2 x Rs.30,000/-

= Rs.60,000/-

3 3 simple injuries _ 3 x Rs.10,000/-

= Rs.30,000/-

4 Pain and suffering Rs.25,000/- Rs.25,000/-

5 Future Prospects Rs.25,000/- Rs.25,000/-

6 Loss of earnings _ Rs.10,000/-

7 Extra nourishment, _ Rs.25,000/-

attendant charges and Transportation Total Rs.1,00,000/- Rs.2,25,000/-

8. In the result, the Motor Accident Civil Miscellaneous

Appeal filed by the claimant is allowed in-part, enhancing

the compensation amount from Rs.1,00,000/- to

Rs.2,25,000/- as hereunder:

(a) The enhanced amount shall carry interest at the

rate of 7.5% per annum from the date of petition till

the date of realization.

(b) The Insurance Company shall deposit the

compensation amount within a period of eight (8)

weeks from the date of receipt of a copy of the

judgment. On such deposit, the claimant is

permitted to withdraw the entire amount without

furnishing any security.

(c) The claimant shall pay the deficit court fee for

the enhanced compensation. The rest of the

impugned Order holds good. There shall be no order

as to costs.

Pending miscellaneous petitions, if any, shall stand

closed.

________________________ JUSTICE K.SURENDER Date: 16.07.2024 vsu