Dawood Ali Khan vs P.Phani Kumar And Anr
2024 Latest Caselaw 2207 Tel

Telangana High Court

Dawood Ali Khan vs P.Phani Kumar And Anr on 12 June, 2024

              THE HON'BLE SRI JUSTICE K.SURENDER

                     M.A.C.M.A No.966 OF 2012

JUDGMENT:

1. The appellant filed this appeal aggrieved by the meagre

compensation granted by the Tribunal.

2. Heard the learned counsel for the appellant and the learned

counsel appearing for 2nd respondent-Insurance Company.

3. The manner in which the accident had taken place, injuries

and liability are not in dispute.

4. The claimant when he was aged 16 years met with an accident

while crossing the road. The driver of the offending vehicle which is

a Maruti car came at a high speed and hit the appellant resulting in

fracture injuries. According to the evidence of Doctor-P.W.2, he

received left parieto occipital extradural hematoma and fracture of

left tibia. He was later operated for extradural hematoma for

removing blood clot on the day of accident. According to P.W.2,

injuries are grievous in nature. The Doctor also supported the

medical bills that were issued by the hospital. Further, the Doctor

assessed disability at 25%.

5. Learned counsel appearing for the appellant would submit that

the factum of 25% disability was not considered by the Tribunal

while granting compensation. In fact, the appellant had suffered

subsequently on account of the accident. In view of the same, the

compensation has to be granted considering the disability factor

also.

6. On the other hand, learned counsel appearing for the

Insurance Company claims that the compensation granted by the

Tribunal is adequate.

7. Ex.A-5 is given by P.W.2/Doctor stating that there is disability

of 25%. However, nature of disability is not explained by the Doctor.

In the cross examination of P.W.2, he stated that the disability is

'mental one'. Neither the claimant had given description of the

impact that the accident had in his life nor P.W.2 explained as to

how the injury would effect the day to day life of the appellant.

Accordingly, the said factum of 25% disability cannot be considered.

However, in view of the injuries received by the appellant, this Court

is inclined to enhance the compensation as follows:

                                   Awarded by        Awarded by
Sl.No.        Name of Head          Tribunal         this Court
   01.     Two grievous                 /-            Rs.60,000/-
           injuries
     02.    Medical bills          Rs.67,650/-        Rs.67,650/-
     03.    Simple injuries             /-            Rs.20,000/-
     04.    Pain and suffering     Rs.24,000/-        Rs.50,000/-
                                 Rs.91,650/-     Rs.1,97,650/-
     TOTAL

8. In the result, the Motor Accident Civil Miscellaneous Appeal is

partly allowed enhancing the compensation awarded by the Tribunal

from Rs.91,650/- to Rs.1,97,650/-. The enhanced amount shall

carry interest @ 7.5% per annum from the date of petition till the

date of realization. Except the above enhancement, the award of the

Tribunal shall remain same on all other aspects. Miscellaneous

applications, if any pending, shall stand closed.

__________________ K.SURENDER, J Date : 12.06.2024 dv