Vaidhyam Vinay , Vinay Kumar, vs K.Ravi Kumar,
2024 Latest Caselaw 2729 Tel

Telangana High Court

Vaidhyam Vinay , Vinay Kumar, vs K.Ravi Kumar, on 16 July, 2024

     THE HONOURABLE SRI JUSTICE K.SURENDER

              M.A.C.M.A No.1312 of 2012

JUDGMENT:

This appeal is filed by the claimant aggrieved by

the Order dated 25.02.2011 passed by the Chairman,

M.A.C.T-Cum-I Additional District Judge at Nalgonda (for

short, 'the Tribunal') in O.P.No.518 of 2007, seeking

enhancement of compensation granted by the Tribunal.

2. Heard learned counsel appearing for the either side

and perused the material available on record.

3. The claimant was a student. While he was going on

a motor cycle on 24.02.2007, the offending vehicle which

is an Ambassador Car, came in a rash and negligent

manner at high speed and dashed the motor cycle of the

claimant, as a result of which the claimant sustained

abrasion over left frontal temporal region, abrasion over

left leg on upper 3rd middle, swelling and tenderness on

right thigh and tenderness in left collar.

4. According to the Doctor, three injuries are grievous

in nature and one injury is simple in nature.

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.1,10,000/-

which is very less for the injuries sustained by the

claimant.

7. Keeping in view the fact that the claimant sustained

abrasion over left frontal temporal region, abrasion over

left leg on upper 3rd middle, swelling and tenderness on

right thigh and tenderness in left collar, 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.60,000/- Rs.60,000/-

2     3 grievous injuries    3 x Rs.15,000/-= 3 x Rs.30,000/-=

                             Rs.45,000/-       Rs.90,000/-

3     1 simple injury                -         1 x Rs.10,000/-=

                                               Rs.10,000/-

4     Pain and suffering     Rs.5,000/-        Rs.20,000/-

5     Extra     nourishment,       -           Rs. 20,000/-
      attendant charges and
      Transportation
            Total            Rs.1,10,000/-     Rs.2,00,000/-

8. In the result, the Motor Accident Civil Miscellaneous

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

the compensation amount from Rs.1,10,000/- to

Rs.2,00,000/- 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. 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