Vadde Bhagyamma vs M/S. P.S. Cargo Services And Another
2024 Latest Caselaw 2393 Tel

Telangana High Court

Vadde Bhagyamma vs M/S. P.S. Cargo Services And Another on 25 June, 2024

              THE HON'BLE SRI JUSTICE K.SURENDER

                      M.A.C.M.A No.3139 OF 2008

JUDGMENT:

1. Aggrieved by the award and decree dated

07.03.2007 in O.P.No.584 of 2004 on the file of the Chairman, Motor

Accidents Claims Tribunal (III District Judge, I F.T.C), Nalgonda, the

claimant has filed this appeal for enhancement of the compensation

amount.

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

Standing Counsel for respondent No.2- National Insurance Company

Limited.

3. The case of the appellant is that on 21.04.2004 while she was going

on DCM van as a passenger, the driver of the van drove it in a rash and

negligent manner and dashed it at a high speed to a maruthi car due to

which the van turned turtle and the claimant sustained the following

injuries:-

(i) Abrasion over back, which is simple in nature.

(ii) Swelling and tenderness over public and on taking X-ray

of the left Iliac bone, it revealed fracture of left pelvic ramus which is

grievous in nature.

4. The tribunal found that she is entitled for Rs.15,000/- for the

grievous injury and Rs.2,000/- for the simple injury. The income of

Rs.3,000/- per month as claimed by the appellant before the Court below

can be considered while granting compensation. As she was advised to

take bed rest for three (03) months, she is entitled for an amount of

Rs.9,000/- under the head loss of income.

5. Accordingly, this Court deems it fit and proper to enhance the

compensation as follows:-

1. Loss of income @ Rs.3,000/- Rs.9,000/-

(Rs.3,000 X 3) = 9,000/-

2. Transportation Rs.5,000/-

3. Extra Nourishment Rs.10,000/-

4. Pain and Suffering Rs.25,000/-

5. Medical treatment/medicines Rs.20,000/-

6. Attendant Charges Rs.5,000/-

7. Loss of earnings due to partial Rs.25,000/-

                   permanent disability
                       TOTAL                             Rs.99,000/-

9. In the result, the M.A.C.M.A is partly allowed enhancing the

compensation amount granted by the Tribunal from Rs.23,500/- to

Rs.99,000/-(Rupees Ninety Nine Thousand only) with interest at the rate of

7.5 percent per annum from the date of petition till the date of realization to

be payable by the respondent No.2 within a period of one(1) month from the

date of receipt of a copy of this order. On such deposit of the amount, the

claimant is entitled to withdraw the same.

Pending miscellaneous petitions, if any, shall stand closed. No

order as to costs.

_______________________ JUSTICE K.SURENDER

Date : 25.06.2024 ssy