Telangana High Court
Mamidi Nagaiah vs V. Ramshetty Goud, Major on 4 November, 2024
THE HON'BLE SRI JUSTICE J. SREENIVAS RAO
M.A.C.M.A.No.1019 of 2009
JUDGMENT:
Aggrieved by the award dated 19.11.2008 in
O.P.No.761 of 2005 passed by the Chairman, Motor
Accident Claims Tribunal-cum-I Additional District Judge,
Nalgonda, the appellant has filed this appeal for
enhancement of the compensation amount.
2. Heard Smt K.Rajitha, learned counsel for the
appellant and Sri G.Purushotham Rao, learned counsel
appearing for respondent No.2 and perused the entire
material on record.
3. Brief facts of the case:
3.1 On 18.05.2005, when the appellant reached the
outskirts of Thalla Vellemla Village in a scooter bearing No.AP
24 E 288, one Tata Sumo bearing No.KA 29 N 2345 came in a
rash and negligent manner at high speed and gave dash to the
appellant from opposite direction, due to which the appellant
sustained grievous injuries.
4. Submissions of learned counsel for the appellant:
4.1. Learned counsel for the appellant contended that as per
Ex.A5 i.e., disability certificate issued by the District Medical
Board, Nalgonda, the appellant sustained disability of 40%.
However, the tribunal has taken only 20% disability in the
absence of any evidence on record. Learned counsel further
contended that the appellant has produced the medical
bills under Ex.A6 and claimed an amount of Rs.29,099/-
towards medical expenses. However, the tribunal has
awarded an amount of Rs.5,000/- towards pain and
suffering and Rs.15,000/- towards medical expenses, which
is meager amount. Learned counsel further contended that
the appellant claimed an amount of Rs.1,00,000/-,
whereas, the tribunal has awarded an amount of
Rs.84,800/- and the appellant is entitled for enhancement
of remaining amount of Rs.15,200/- as claimed by him.
5. Submissions of learned counsel for respondent No.2:
5.1. Per contra, learned counsel appearing for
respondent No.2 contended that the tribunal after
considering the oral and documentary evidence on record
has rightly awarded an amount of Rs.84,800/- and the
appellant is not entitled for enhancement of compensation.
6. Analysis of the case:
6.1. Having considered the rival submissions made by
the respective parties and after perusal of the material
available on record, it reveals that the tribunal after
considering the evidence on record held that due to rash
and negligent driving of the driver of Tata Sumo bearing
No.KA 29 N 2345, the accident has taken place and the
appellant sustained grievous injuries. The appellant has
filed Ex.A5 i.e., disability certificate issued by the Medical
Board, wherein it is mentioned that the appellant sustained
40% disability due to fracture of shaft right femur and also
filed Ex.A6 i.e., medical bills, hospital expenses and
transportation charges.
6.2. Considering the nature of injuries, the tribunal
awarded an amount of Rs.5,000/- towards pain and
suffering and Rs.15,000/- towards medicines, hospital
expenses, transportation charges and extra nourishment,
which appears to be meager. Hence, this Court is of the
considered view that the appellant is entitled for an amount
of Rs.5,000/- towards pain and suffering and Rs.10,000/-
towards medical bills, hospital expenses, transportation
charges and extra nourishment in addition to the amount
awarded by the tribunal. Accordingly, the appellant is
granted total compensation amount of Rs.99,800/-
(Rs.84,800+15,000).
7. In the result, the M.A.C.M.A is partly allowed,
enhancing the compensation amount awarded by the
tribunal from Rs.84,800/- to Rs.99,800/-/-(Rupees Ninety
Nine Thousand Eight Hundred only). The compensation
amount shall be deposited within a period of three (03)
months from the date of receipt of a copy of the judgment.
The enhanced amount shall carry interest at 7.5% p.a. from
the date of petition till the date of realization. On such
deposit, appellant is entitled to withdraw the entire amount
without furnishing the security.
Pending miscellaneous petitions, if any, shall stand
closed. No order as to costs.
_______________________
J. SREENIVAS RAO, J
Date: 04.11.2024
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