Telangana High Court

A.Srinivas vs B.Kiran And Anr on 1 May, 2024

          THE HON'BLE SRI JUSTICE K.SURENDER

                 M.A.C.M.A. No.5054 OF 2008
JUDGMENT:

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

dated 12.10.2004 in O.P.No.1939 of 2001 passed by the learned

Motor Vehicles Accidents Claims Tribunal : III Additional Chief

Judge : City Civil Court, Hyderabad (for short, the Tribunal)

2. The brief facts of the case are that while claimant was

going on a scooter as a pillion rider along with his brother, his

slippers slipped and having taken due caution, got down from

the vehicle to put on his slipper. At that juncture, the offending

vehicle which is a motorcycle bearing No.AP-10D-1729 driven by

its driver in a rash and negligent manner at high speed dashed

against the claimant, as a result of which, claimant sustained

bleeding injuries.

3. The Tribunal held that there was contributory negligence

on part of the claimant and further assessed the notional income

of the claimant at Rs.15,000/- per annum.

4. Though, on facts Tribunal may arrive at a conclusion

regarding the manner in which the accident takes place, however

in the present facts, when it is specifically stated that the

claimant got down from the vehicle by taking necessary

precautions, however the offending vehicle dashed against him,

the finding of the Tribunal regarding contributory negligence is

hereby set aside and the income component is also calculated at

Rs.3,000/- per month.

5. Accordingly, this Court is inclined to enhance

compensation under the following heads:

     Sl.                                     Amount awarded by
                         Head
     No.                                        this Court

     1.     Loss of future amenities               25,000-00

     2.      For pain and suffering                25,000-00

     3.     Medical expenses                       25,000-00

     4      Transport   charges       and           3,000-00
            extra nourishment

     5      Loss of earnings                       12,000-00
             (Rs.3000 x 4 months)

            Total        compensation              90,000-00
            awarded

6. In the result, the appeal is partly allowed enhancing

the compensation amount awarded by the Tribunal from

Rs.30,000/- to Rs.90,000/-. 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 six (6)

weeks from the date of the judgment. On such deposit, claimant

is permitted to withdraw the amount without furnishing any

security. There shall be no order as to costs.

Miscellaneous applications, pending if any, shall

stand closed.

______________ K.SURENDER Date: 01.05.2024 ktm/pns