K.Ramu , Ramulu vs M. Srinivasulu And Another
2024 Latest Caselaw 2423 Tel

Telangana High Court

K.Ramu , Ramulu vs M. Srinivasulu And Another on 27 June, 2024

     THE HONOURABLE SRI JUSTICE K.SURENDER

                   M.A.C.M.A No.1295 of 2008

JUDGMENT:

This appeal is filed by the claimant aggrieved by

the Order dated 17.12.2007 passed by the learned

Chairman, Motor Accident Claims Tribunal-cum-X

Additional Chief Judge (FTC), City Civil Courts,

Hyderabad (for short, 'the Tribunal') in O.P No.2219 of

2005, seeking for enhancement of compensation granted

by the Tribunal.

2. Heard Mr.C.Vikram Chandra, learned counsel for

the appellant/claimant, Mr.R.Venkat Rao, learned

counsel for respondent No.1/owner as well as

Mr.N.S.Bhaskar Rao, learned counsel for respondent No.2

and perused the material available on record.

3. The claimant is seeking enhancement of the

compensation that was granted by the Tribunal.

According to the claimant while he was going on the road,

the offending vehicle came in a high speed and dashed

against him resulting which he sustained severe injuries.

The involvement of the crime vehicle was proved before

the Tribunal.

4. Keeping in view that there was a fracture injury of

the right femur and the treatment was taken for two

months, this Court deems it appropriate to grant the

compensation as follows:

Sl.No.                  Head                         Amount

     1     One fracture                            Rs.30,000-00
           1 x 30,000/-
     2     Loss of earnings for two                Rs. 7,000-00
           months
           2 x 3,500/-
     3     Pain and suffering                      Rs.20,000-00

     4     Extra-nourishment and                   Rs. 5,000-00
           attendant charges
     5     Transportation                          Rs. 5,000-00

     6     Medical expenses                        Rs. 5,000-00

     7     Disability                          Rs.1,13,400-00


                    Total                      Rs.1,85,400-00

5. Since the offending vehicle did not have the policy,

the question of liability of the Insurance Company does

not arise. The Tribunal found that the policy was fake

accordingly direction was given to recover the

compensation amount from the owner of the vehicle, who

is respondent No.1.

6. In the result, the Motor Accident Civil Miscellaneous

Appeal filed by the claimant is allowed in-part, enhancing

the compensation amount from Rs.47,500/- to

Rs.1,85,400/- as hereunder:

(a) The enhanced amount shall carry interest at the

rate of 7.5% per annum from the date of petition till

the date of realization.

(b) Respondent No.1/owner shall deposit the

compensation amount within a period of eight (8)

weeks from the date of receipt of a copy of judgment.

On such deposit, the claimant is permitted to

withdraw the entire amount without furnishing any

security. The rest of the impugned order holds good.

There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall

stand closed.

________________________ JUSTICE K.SURENDER Date: 27.06.2024 ynk