Telangana High Court
Jakunam Ratnakar , Deepak vs The Depot Manager Apsrtc And Anr. on 22 March, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.2644 OF 2008
JUDGMENT:
1. The appellant-claimant filed this appeal against the Order
and Decree dated 13.09.2005 in O.P.No.1935/2002 on the file of
Motor Accidents Claims Tribunal-Cum-III Additional District Judge
(FTC), Nizamabad, where under the Tribunal granted an amount of
Rs.70,000/- towards compensation along with interest @ 7.5% per
annum as against the claim of Rs.2,50,000/- on account of the
injuries received in the motor vehicle accident occurred on
09.08.2002.
2. The manner of accident and the injuries sustained by the
claimant are not in dispute. The appellant-claimant challenged the
impugned award only on the quantum of compensation awarded
by the Tribunal. Therefore, this Court is not inclined to go into
other details other than the quantum of compensation.
3. Heard the learned counsel for the appellant-claimant and the
learned counsel for respondent Nos.1 & 2.
4. The petitioner who was a teacher, while travelling in a Tata
Sumo, it was hit by RTC bus at a high speed resulting in the Tata
Sumo vehicle in which the petitioner was travelling tuning turtle.
Petitioner had taken treatment in Amruthlaxmi Multispecialty
Hospital and the treating Doctor/P.W.2 deposed before the Court
that petitioner has suffered with the following:-
"1. tenderness and pain over the back-corresponding
X-ray revealed fracture of 2nd, 3rd and 4th transverse
process of lumber vertebra on the right side.
2. tenderness over the right of chest and
corresponding x-ray revealed fracture of 5th and 6th ribs
on the right side.
3. CT scan of the brain revealed heamorrhage
contusion of frontal lope of brain on the left side with
cerebral edema (swelling of the brain) and because of the
said injury the patient was in drowsy condition."
5. In support of the grievous injuries that were received, report
of radiologist, CT scan and X-ray reports were also filed. Learned
Tribunal having accepted the version of the claimant that several
fractural injures which are grievous in nature awarded only
Rs.70,0000/- under all heads.
6. Keeping in view the grievous injuries received by the
claimant, this Court deems it appropriate to enhance the
compensation under various heads as follows:
Awarded by Awarded by
Sl.No. Name of Head Tribunal this Court
01. Grievous Injuries(6 Rs.35,000/- Rs.1,20,000/-
fractures)
02. Pain and suffering Rs.7,500/ - Rs.25,000/-
03. Medical treatment Rs.14,061/- Rs.14,061/-
04. Extra nourishment Rs.3,000/- Rs.30,000/-
05. Loss of pay /- Rs.20,000/-
06. Special damages Rs.5,000/- Rs.20,000/-
07. Transportation /- Rs.10,000/-
Rs.64,561/- Rs.2,39,061/-
TOTAL
7. In the result, the Motor Accident Civil Miscellaneous Appeal
is partly allowed enhancing the compensation awarded by the
Tribunal from Rs.70,000/- to Rs.2,39,061/-. The enhanced
amount shall carry interest @ 7.5% per annum from the date of
petition till the date of realization. The appellant is permitted to
withdraw the entire compensation, on payment of deficit Court fee.
Except the above enhancement, the award of the Tribunal shall
remain same on all other aspects. Miscellaneous applications, if
any pending, shall stand closed.
__________________
K.SURENDER, J
Date : 22.03.2024
dv
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.2644 OF 2008
Dt.22.03.2024
dv
