Gollapalli Venkata Chary vs Gunjuluri Srinvasa Rao
2024 Latest Caselaw 2453 Tel

Telangana High Court

Gollapalli Venkata Chary vs Gunjuluri Srinvasa Rao on 28 June, 2024

        THE HONOURABLE SRI JUSTICE K.SURENDER

                      M.A.C.M.A.No.479 of 2010

JUDGMENT:

Aggrieved by the award and decree, dated

19.08.2008 in M.V.O.P.No.202 of 2002 on the file of the

Motor Accidents Claim Tribunal (District Judge),

Khammam, the claimant has filed this appeal for

enhancement of the compensation amount.

2. Heard learned counsel for the appellant and learned

counsel appearing for the respondents and perused the entire

material on record.

3. The claimant filed the present appeal questioning the

compensation that was granted by the tribunal. According to the

claimant, he was running a saw mill. On 10.08.2001, while he was

going on scooter at Nelakondapally Village, the offending vehicle

which is auto came in opposite direction at high speed and

dashed against the scooter, due to which, the claimant sustained

fracture to his left shaft femur, rheumatic fracture of left femur

and fractures of 2nd and 7th ribs and multiple injuries all over the

body.

4. The tribunal, having considered the evidence of the

claimant, who was examined himself as PW.1 and also Exs.A1 to

A16, granted compensation of Rs.1,35,000/-. However, report

found that there was 30% contributory negligence on the part of

the claimant in the accident and accordingly directed the

respondents to pay 70% of the compensation i.e., Rs.94,500/.

5. In the said circumstances, this Court deems it fit and

proper to enhance the compensation as follows:-

        Pecuniary damages                  Rs.90,000/-

     Non-Pecuniary damages                 Rs.90,000/-

        Pain and Suffering                 Rs.25,000/-

         Loss of Earnings                  Rs.15,000/-

              Total                       Rs.2,20,000/-

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

the compensation amount granted by the Tribunal from

Rs.1,35,000/- to Rs.2,20,000/-(Rupees Two lakh Twenty thousand

only). The respondent No.2 is directed to pay 70% of the enhanced

compensation amount i.e., Rs.1,54,000/- with interest at the rate

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

realization within a period of two (02) months from the date of

receipt of a copy of this judgment. 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.

_________________ K.SURENDER, J

Date: 28.06.2024 SSY