Telangana High Court
S. Srisailam, Rr District vs M.V. Tanaji, Hyderabad And Another on 24 July, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.733 of 2010
JUDGMENT:
Aggrieved by the order dated 02.12.2009 in O.P.No.495 of
2017 passed by the Motor Accident Claims Tribunal-cum-I
Additional District and Sessions Judge, Ranga Reddy District at
L.B.Nagar, the claimant has filed the present appeal.
2. Heard Sri Mirza Safiulla Baig, learned counsel for the
claimant and Sri S. Agastya Sharma, learned counsel for the
respondent No.2/Insurance company.
3. The claim petition was filed seeking compensation of an
amount of Rs.2,00,000/- on account of the injuries suffered by the
claimant in the motor vehicle accident and the Tribunal has
granted compensation of Rs.42,000/- with interest @7.5% per
annum from the date of petition till the date of realization.
4. The manner in which the accident had taken place and the
injuries are not disputed by either of the parties.
KS, J
MACMA_733_2010
5. The claimant while he was driving the motor vehicle, the
offending vehicle, which is the Tata Indica Car drove in a rash and
negligent manner and hit a two wheeler with high speed,
resulting the claimant fell down and sustained injuries. The
injuries are fracture to both bones of left leg, cut injury over left
leg and other injuries all over the body.
6. The learned Tribunal directed the owner of the vehicle to
pay the compensation of Rs.42,000/- on the ground that the driver
of the Tata Indica Car was not holding commercial license to drive
the transport vehicle but had license to drive the non transport
vehicle. The said issue has been settled by Hon'ble Apex Court in
Mukund Devgan vs Oriental Insurance Company1, in which case,
the Hon'ble Apex Court held that the even if a person holding a
non transport driving license and drives transport vehicle, that
itself would not entail exoneration of the Insurance Company
from paying compensation.
(2017 )14 SCC 663
KS, J
MACMA_733_2010
7. The learned Tribunal has granted only Rs.6,000/- towards
loss of income, Rs.8000/- towards pain and sufferings, Rs.1,000/-
towards attendant charges and Rs.27,000/- towards medical
treatment and extra nourishment. Hence, on account of the
injuries received by the claimant, this Court deems it appropriate
to grant compensation as under.
8. In the light of the above discussion, the claimant is
entitled for the following compensation under different heads:
Head Compensation awarded
(1) Fracture injuries Rs.60,000
(2) Medical Treatment Rs.27,000
(3) Pain and Sufferings Rs.25,000
(4) Attendant charges Rs.10,000
(5) Loss of amenities Rs.15,000
(6) Loss of pay Rs.20,000
(7) Transport charges Rs.10,000
Total compensation awarded Rs.1,67,000/-
KS, J
MACMA_733_2010
9. In the result, Motor Accident Miscellaneous Appeal of the
claimant is partly allowed enhancing the compensation amount
awarded by the Tribunal from Rs.42,000/- to Rs.1,67,000/- as
hereunder:
(a) The enhanced amount shall carry interest at 7.5% p.a.
from the date of petition till the date of realization.
(b) The respondent Nos.1 and 2 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.
_________________
K.SURENDER, J
Date: 24.07.2024
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