Angoth Thulsiram vs Sri K.Prasad Goud And Anr
2024 Latest Caselaw 1820 Tel

Telangana High Court

Angoth Thulsiram vs Sri K.Prasad Goud And Anr on 1 May, 2024

          THE HON'BLE SRI JUSTICE K.SURENDER

                  M.A.C.M.A. No.691 OF 2010
JUDGMENT:

This appeal is filed by the claimant aggrieved by the order,

dated 15.06.2009 in O.P.No.134 of 2008 passed by the learned

Motor Accidents Claims Tribunal-cum-IV-Additional District and

Sessions Judge(FTC), Mahabubnagar (for short, the Tribunal).

2. Brief facts of the case are that the claimant while

proceeding on his scooter, one Auto bearing No. AP-22-V-7058,

driven by its driver in a rash and negligent manner, at high

speed, dashed against the scooter, as a result of which, claimant

sustained grievous injuries.

3. Learned counsel appearing for the claimant would submit

that claimant was earning Rs.6,000/- per month, however, the

Tribunal considered only Rs.1500/- per month.

4. The manner in which the accident had taken place, injuries

and disability at 45% is not disputed by either of the parties.

5. Keeping in view of the judgment of the Hon'ble Supreme

Court in Ramachandrappa Vs. Royal Sundaram Alliance

Insurance Co.Ltd. 1, the income of the daily wage labour can be

considered as Rs.4,500/- per month.

6. It is an undisputed fact that the age of the claimant

was '35' years at the time of accident and the appropriate

multiplier that can be applied is '14', hence, it comes to

Rs.4,500/- x 12 x 14 = Rs.7,56,000/- and 25% of the

future prospects would be Rs.1,89,000/-, then it comes to

Rs.9,45,000/-. Since the claimant has sustained 45%

disability, the amount for the disability would come to

Rs.4,25,250/-.

7. Accordingly, this Court is inclined to enhance

compensation under the following heads:

Amount Sl. Amount awarded by Head awarded by No. the Trial this Court Court

1. Loss of future income due 1,21,500-00 4,25,250-00 to 45% disability

(2011) 13 SCC 236.

2. Loss of future amenities 30,000-00 30,000-00

3. For pain and suffering 20,000-00 20,000-00

4. Medical expenses, 25,000-00 25,000-00 transport charges and attendant charges

Total compensation 1,96,500-00 5,00,250-00 awarded

8. In the result, the appeal is allowed enhancing the

compensation amount awarded by the Tribunal from

Rs.1,96,500/- to Rs.5,00,250/-. The enhanced amount

shall carry interest at 7.5% p.a. from the date of petition

till the date of realization. Respondent Nos.1 and 2 are

jointly and severally shall deposit the amount within a period

of two (02) months from the date of the judgment. On such

deposit, claimant is permitted to withdraw the amount without

furnishing any security.

Miscellaneous applications, pending if any, shall

stand closed.

______________ K.SURENDER Date: 01.05.2024 ktm/pns