Telangana High Court
J.Saikumar vs Mohd Osman And Anr on 16 July, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.1108 of 2010
JUDGMENT:
This appeal is filed by the claimant aggrieved by
the Order dated 04.01.2010 passed by the Additional
Chairman Accidents Claims Tribunal-Cum-XX Additional
Chief Judge, City Civil Court at Secunderabad (for short,
'the Tribunal') in O.P.No.245 of 2006, 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 case of the claimant is that while he was going
on a Hero Honda Motor Cycle with his friend, the
offending vehicle which is a lorry came in opposite
direction at high speed and dashed the motor cycle from
opposite direction, as a result of which the claimant and
his friend sustained injuries.
4. 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.
5. Learned counsel appearing for the claimant would
submit that PW.4-Doctor issued Ex.A.16 disability
certificate which reflects 20% disability, however, the
disability was not considered by the Court below.
Further the income of claimant was shown as
Rs.12,000/- and he was bedridden for four (04) months.
6. On the other hand, learned counsel appearing for
the Insurance Company would submit that the Court
below has rightly deducted 1/3rd of the personal expenses
and considered the loss of earnings. Further the finding
of the Tribunal regarding the disability not being
considered is correct.
7. PW.4-Doctor deposed that the disability is 20%.
According to the counsel he was working in Osmania
Hospital, the said certificate was given in personal
capacity and the certificate was not given by the board
which is constituted in the said Hospital for issuing such
certificate. I do not find any infirmity with the findings of
the Tribunal in not considering the disability factor of
20%.
8. Keeping in view the fact that the claimant sustained
one grievous injury, 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 Fracture of both Rs.20,000/- Rs.60,000/-
bones of right leg
2 Medical Bills Rs.52,000/- Rs.52,000/-
3 Loss of earnings Rs.32,000/- Rs.48,000/-
4 Transportation Rs.1,000/- Rs.4,000/-
charges
5 Extra nourishment Rs.1,000/- Rs.10,000/-
charges
6 Pain and suffering _ Rs.20,000/-
Total Rs.1,06,000/- Rs.1,94,000/-
9. In the result, the Motor Accident Civil Miscellaneous
Appeal filed by the claimant is allowed in-part, enhancing
the compensation amount from Rs.1,06,000/- to
Rs.1,94,000/- 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
