Panga Ravi vs V. Chandrakala And Another
2024 Latest Caselaw 2208 Tel

Telangana High Court

Panga Ravi vs V. Chandrakala And Another on 12 June, 2024

                                 1




     THE HONOURABLE SRI JUSTICE K.SURENDER

               M.A.C.M.A. No.2720 of 2008

JUDGMENT:

This appeal is preferred by the claimant - appellant

aggrieved by the order and decree dated 05.04.2006

passed by the II Additional District Judge, Warangal (for

short, 'the trial Court') in M.V.O.P.No.479 of 2005,

whereby the trial Court has granted an amount of

Rs.40,449/- as against Rs.3,00,000/- claim for the

injuries received by him in a motor vehicle accident.

2. The case of the claimant is that on 05.06.2003 at about

05:30 AM while he was proceeding on his cycle to sell

newspapers, one Maruthi Car bearing registration No.AP-36-F-

6302 of the respondent No.1 came in high speed, being driven

rash and negligently and hit the petitioner, due to which he fell

down and sustained bodily injuries and he underwent injuries,

apart from incurring huge expenditure.

3. The trial Court, having examined PWs 1 and 2 and

marking Exs.A1 to A14, Ex.X1 and Ex.B1, granted

compensation of Rs.40,449/- with future interest @ 7.5% per

annum from the date of petition till the date of realization with

proportionate costs.

4. Heard both sides.

5. The main ground on which, the present appeal was filed

is that the Claimant is aggrieved by the meagre compensation

that was awarded by the learned Trial Court. Though the claim

was made for Rs.3,00,000/-, the learned Tribunal by

considering the evidence on record and granted Rs.40,490/-.

6. The manner in which the accident has taken place and

the liability is not disputed. However, it is the argument of the

claimant that meagre amount was granted towards

compensation.

7. In view of the facts and circumstances and on a perusal

of the entire material on record, this Court is inclined to

enhance the compensation for the following heads as

under:

                                       Amount           Amount
Sl.                                    awarded          awarded
                    Head
No.                                     by the           by this
                                      Trial Court         Court
1.    Transportation                         500-00       2,000-00
2.    Extra-nourishment                    4,000-00      15,000-00





3.    Loss of earnings                      10,000-00         20,000-00
4.    Pain,   Sufferings        and         20,000-00         40,000-00
      Mental Agony
5.    Purchase of Medicines                  5,949-00           ---
      Total   compensation                  40,449-00     77,000-00
      awarded

8. In the result, the appeal is partly allowed enhancing

the compensation amount awarded by the Trial Court

from Rs.40,449/- to Rs.77,000/- 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 enhanced amount shall be deposited by the respondents jointly and severally within a period of two (2) months from the date of receipt of a copy of this judgment. On such deposit, claimant is permitted to withdraw the amount without furnishing the security.

Miscellaneous applications, pending if any, shall

stand closed.

_________________ JUSTICE K.SURENDER Date:12.06.2024 vrks