Shaik Khaja Miya vs K.Kandaswamy And Anr
2024 Latest Caselaw 2731 Tel

Telangana High Court

Shaik Khaja Miya vs K.Kandaswamy And Anr on 16 July, 2024

     THE HONOURABLE SRI JUSTICE K.SURENDER

                M.A.C.M.A No.1142 of 2010

JUDGMENT:

This appeal is filed by the claimant aggrieved by

the Order dated 30.04.2010 passed by the Motor Accident

Claims Tribunal (VIII Additional District Judge) at

Nizamabad (for short, 'the Tribunal') in O.P.No.491 of

2008, 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 is claiming that the Tribunal has

granted meager compensation.

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

travelling in an auto-rickshaw along with his wife and

daughter, the offending vehicle which is lorry came in

opposite direction at high speed and dashed against the

auto rickshaw, as a result of which the claimant

sustained injuries. PW.2-Doctor examined the claimant

and found fracture of right forearm, laceration over the

right side forehead, abrasion over the right cheek and

abrasion over the right knee joint and a medical

certificate was also issued by PW.2.

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.27,000/-

which is very less for the injuries received.

7. Keeping in view the fact that the claimant sustained

one grievous injury and three simple injuries, 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.8,000/- Rs.10,000/-

2 1 grievous injuries _ 1 x Rs.30,000/-

= Rs.30,000/-

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

= Rs.30,000/-

4 Pain and suffering Rs.10,000/- Rs.10,000/-

5 Loss of earnings Rs.7,000/- Rs.10,000/-

6 Extra nourishment, Rs.2,000/- Rs.15,000/-

attendant charges and Transportation Total Rs.27,000/- Rs.1,05,000/-

8. In the result, the Motor Accident Civil Miscellaneous

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

the compensation amount from Rs.27,000/- to

Rs.1,05,000/- 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 this

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