Telangana High Court
T.Illaiah vs Smt.Sharada And Anr on 7 March, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.2638 of 2008
J U D G M E N T:
Aggrieved by the award dated 30.06.2006 in O.P. No.1978 of
2004 passed by the learned Motor Accidents Claims Tribunal-
Cum-II Additional Chief Judge, City Civil Court at Hyderabad, the
petitioner has filed this appeal for enhancement of the
compensation amount.
2. The claimant has stated that on 29.05.2004 while he was
proceeding in an Auto bearing No.AP 10 U 3039 and the said auto
reached at Addagutta, Secunderabad, the driver of the auto drove
it in a rash and negligent manner at high speed, due to which the
auto turned turtle and the claimant sustained fracture of fore
arm, fracture of nasal bone and injury on forehead. Therefore, he
claimed compensation of Rs.1,00,000/-.
3. Before the Tribunal, on behalf of the claimant, P.Ws.1 and 2
were examined and got marked Exs.A1 to A3. On behalf of the
respondents, no oral evidence was adduced but Ex.B1-policy was
marked with consent.
4. After considering the oral and documentary evidence on
record, the Tribunal came to the conclusion that the accident
occurred due to the rash and negligent driving of driver of the
Auto and accordingly, awarded total compensation of Rs.45,000/-
with interest @ 7.5% per annum. Being not satisfied with the said
amount, the claimant filed the present appeal seeking
enhancement of compensation.
5. The finding of the Tribunal with regard to the manner in
which the accident took place has become final as the same is not
challenged either by the owner or insurer of the vehicle.
6. Insofar as the quantum of compensation is concerned, from
a perusal of impugned award, though the Tribunal has given a
categorical finding that the claimant has received two grievous
injuries and one simple injury and he was treated as in-patient
from 29.05.2004 to 05.06.2004 and 13.09.2004 to 08.10.2004 for
a total period of 34 days. However, Tribunal awarded a sum of
Rs.18,000/- towards loss of earnings, Rs.24,000/- towards pain
and suffering and Rs.3,000/- towards medicines, which appears
to be too meagre.
7. The learned Standing Counsel for the Insurance Company
vehemently objected that the claimant has not proved the medical
bills and discharge summary with regard to the nature of
treatment which he has undergone in the hospital, as such the
compensation is adequate. However, looking into the nature of
injuries sustained by the claimant, nature and period of treatment
undergone by him and the amount spent by him towards medical
expenses, transportation, attendant charges and extra
nourishment, this Court feels that in all the claimant is entitled to
Rs.70,000/- instead of Rs.35,000/- for loss of earnings, pain and
suffering, medication, transportation, attendant charges etc.
8. In the result, the M.A.C.M.A. is partly allowed by enhancing
the compensation amount awarded by the Tribunal from
Rs.35,000/- to Rs.70,000/-. The claimant is entitled to interest @
7.5% p.a. on the enhanced amount 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.
__________________
K.SURENDER, J
Date: 07.03.2024
dsv
