Telangana High Court
Smt. Chakali Shivvayee, Nizamabad vs V.P. Laxmi Narsa Goud And Anr, Nizamabad on 12 June, 2024
1
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A. No.819 of 2010
JUDGMENT:
This appeal is preferred by the appellant/petitioner
aggrieved by the order and decree dated 15.10.2009
passed by the Chairman (MACT)-Cum-II Additional
District and Sessions Judge, Nizamabad (for short, 'the
trial Court') in M.V.O.P.No.961 of 2005, whereby the trial
Court has granted an amount of Rs.65,000/- as against
Rs.1,00,000/- claim for the injuries received by him in a
motor vehicle accident.
2. The case of the appellant is that on 02.06.2005 the
petitioner along with others were traveling in the auto rickshaw
bearing No.AP-25-V-0363 from Bheemgal to Onnajipet village
and at about 03:00 PM, when the auto rickshaw reached near
rice mill, Bada Bheemgal shiva, on the road leading to
Sikidrapur, the driver of the auto rickshaw drove the auto in a
rash and negligent manner, with high speed and could not
control it, as a result of which the auto turned turtle. The
petitioner and other inmates of the auto sustained multiple and
grievous injuries. The petitioner sustained fracture of both
bones tibia and fibula on right leg, injuries on head, chest,
hands and other parts of the body.
3. The trial Court, having examined PWs 1 to 3 and marking
Exs.A1 to A6 and Ex.B1, granted compensation of Rs.65,000/-
with future interest @ 7.5% per annum from the date of
petition to till the date of realization.
4. Heard both sides.
5. The main ground on which, the present appeal was filed
is that the appellant is aggrieved by the meagre compensation
that was awarded by the learned Trial Court. Though the claim
was made for Rs.1,00,000/-, the learned Tribunal by
considering the evidence on record and granted Rs.65,000/-.
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. Compensation for grievous Rs.40,000/- Rs.60,000/-
2. Compensation for simple Rs.5,000/- Rs.20,000/-
3. Compensation for Medical Rs.5,000/- --
Expenses
4. Compensation for Rs.5,000/- Rs.10,000/-
Attendant Charges
5. Compensation for Extra- Rs.5,000/- Rs.10,000/-
nourishment
6. Compensation for Rs.5,000/- Rs.10,000/-
Transport Charges
Total compensation 65,000/- 1,10,000/-
awarded
8. In the result, the appeal is partly allowed enhancing
the compensation amount awarded by the Trial Court
from Rs.65,000/- to Rs.1,10,000/- 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, on
payment of deficit Court fee.
Miscellaneous applications, pending if any, shall
stand closed.
_________________
JUSTICE K.SURENDER
Date:12.06.2024
vrks
