K. Kumara Chary, Achampet, ... vs R. Lachiram, Nawab Sab Kunta, Hyderabad ...
2024 Latest Caselaw 1001 Tel

Citation : 2024 Latest Caselaw 1001 Tel
Judgement Date : 7 March, 2024

Telangana High Court

K. Kumara Chary, Achampet, ... vs R. Lachiram, Nawab Sab Kunta, Hyderabad ... on 7 March, 2024

      THE HONOURABLE SRI JUSTICE K.SURENDER

                M.A.C.M.A.No.2594 of 2008

J U D G M E N T:

Aggrieved by the award dated 12.03.2008 in O.P. No.446

of 2006 passed by the learned Motor Accidents Claims

Tribunal-Cum-VII Additional District Judge at

Mahabubnagar, claimant has filed this appeal for

enhancement of the compensation amount.

2. The claimant, who was working as a bore mechanic

claimed compensation of Rs.2,00,000/- for injuries sustained

by him in an accident that occurred on 31.07.2006 while he

was proceeding in Jeep bearing No.AP 21 W 2367 and when

the Jeep crossing Veldanda Village a Lorry bearing No.AP 12 U

7210, owned by respondent No.1 and insured with respondent

No.2, driven by its driver in a rash and negligent manner at

high speed and dashed the Jeep from opposite direction. As a

result of which, the claimant sustained compound fracture of

mandible right side, head injury, injury on right hand.

Immediately after the accident, he was shifted to Government

Hospital, Kalwakurthy and from there he was shifted to

Osmania General Hospital, Hyderabad, where he underwent

an operation and also spent huge amount for his treatment.

3. Considering the claim, counter filed by the Insurance

Company and the oral and documentary evidence produced by

both the parties, the tribunal has granted an amount of

Rs.30,000/- as compensation together with interest.

Aggrieved by the same the present appeal is filed by the

claimant.

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

the injuries received is not in dispute for the said reason the

said aspects are not discussed.

5. Insofar as the compensation is concerned, the tribunal

found that on perusal of Exs.A2 and A7 medical certificates,

the petitioner had received one grievous injury and one simple

injury. For the said reason, Rs.5,000/- for grievous injuries

and Rs.1,000/- for simple injury was granted and another

Rs.4,000/- for loss of income for the bedridden period and

Rs.20,000/- was granted towards the pain and suffering and

medical bills.

6. Learned counsel for the appellant would submit that the

doctor, who was examined as P.W.2 had specifically stated

that the teeth of the claimant were missing and that he was

advised for surgical correction of mal-union of fracture

segments etc. for replacing of his teeth. The said procedure

would require nearly Rs.40,000/-. Further, meagre amount

was granted for the grievous injury received.

7. Keeping in view the nature of injuries and also the

medical treatment that was required as per the evidence of

P.W.2-doctor, this Court deems it appropriate to enhance the

compensation.


Sl.   Name of Head                 Awarded          by Awarded by this
No.                                Tribunal            Court
                                   Rs.           Ps.   Rs.      Ps.
1.       One grievous injury and              6,000.00       25,000.00
         one simple injury
2.       Pain and suffering                         --       20,000.00
3.       Medical Bills                    20,000.00          40,000.00
4.       Loss of income                       4,000.00        5,000.00
5.       Transportation,                            --       15,000.00
         attendant and extra
         nourishment

         TOTAL                            30,000.00       1,05,000.00

8. Accordingly, the appeal is partly allowed by enhancing

compensation from to Rs.30,000/- to Rs.1,05,000/-(Rupees

One Lakh Five Thousand only). The enhanced amount shall

carry interest @ 7.5% p.a. from the date of petition till the date

of realization. The respondents are directed to deposit the said

amount with costs and interest, after deducting the amount, if

any already deposited, within a period of two months from the

date of receipt of the copy of this judgment. On such deposit,

the petitioner is permitted to withdraw the said amount. There

shall be no order as to costs.

9. Miscellaneous petitions, if any pending shall stand

closed. No costs.