Telangana High Court
Shaik Masood, Nizamabad vs Syed Arif And Another on 8 November, 2024
HON'BLE SRI JUSTICE J. SREENIVAS RAO
M.A.C.M.A. No.1689 of 2010
JUDGMENT:
Dissatisfied with the quantum of compensation awarded by
the learned Chairman, Motor Accidents Claims Tribunal-cum-
Addl. District and Sessions Judge, Kamareddy (for short 'the
Tribunal') in O.P. No.242 of 2009, dated 06.05.2010, the present
appeal is filed by the claimant seeking enhancement of
compensation.
2. Heard Sri P.Anvesh Reddy, learned counsel, representing Sri
L.Dayakar Reddy, learned counsel for the appellant and Sri
Ch.Venkatnarayana, learned counsel, representing Sri
V.Venkatarami Reddy, learned counsel for respondent No.2-United
India Insurance Company Limited.
3. Brief facts of case:
3.1 On 11.05.2002 while the appellant was proceeding on the
scooter bearing No. AIM 5459 from Devanpally to Kamareddy
along with one pillion rider by name Md.Sarver and passing
through Devanpally village limits, in the meantime, a Jeep bearing
No. APR T 5486 came in a rash and negligent manner at high
speed and dashed his scooter from his back side, as a result of
which, he and pillion rider sustained multiple grievous injuries
and he was shifted to Area Hospital, Kamareddy and from there he
was referred to Government Hospital, Nizamabad but he was
admitted in a private hospital at Nizamabad for further treatment
and he spent an amount of Rs.1,50,000/- towards his treatment
and medical expenses. Due to the injuries sustained by him, he
became permanently disabled. Thus, the appellant claimed
compensation of Rs.2,00,000/- under various heads against
respondent Nos.1 and 2.
4. Learned counsel for the appellant vehemently contended
that though the appellant sustained grievous injuries along with
minor injuries, the Tribunal has not awarded any amount to the
injuries and awarded only an amount of Rs.18,000/- towards loss
of income by taking the income of the appellant at Rs.3,000/- per
month. He further contended that by virtue of the principle laid
down by the Hon'ble Supreme Court in Ramachanrappa vs
Manager, Royal Sundaram Allian. Company Limited 1, the
Tribunal ought to have taken the income of the appellant at
Rs.4,500/- per month and that the Tribunal has not awarded any
amount towards cost of litigation, as per the principle laid down
by the Hon'ble Supreme Court in V.Mekala v. M.Malathi and
(2011) 13 SCC 236
another 2. Therefore, the appellant is entitled for the amount as
claimed in the appeal.
5. Per contra, learned counsel for respondent No.2 submits that
the Tribunal after taking into consideration the oral and
documentary evidence on record, has rightly awarded an amount
of Rs.57,000/- towards compensation under all heads. Therefore,
the appellant is not entitled for enhancement of compensation as
claimed by him in the appeal.
6. This Court considered the rival submissions made by the
respective parties and perused the records. It is an undisputed
fact that due to rash and negligent driving of the driver of jeep
bearing No.APR.T.5486, the accident was taken place on
11.05.2002, as a result of which, the appellant has sustained
grievous injuries. The impugned award reveals that the Tribunal
has not awarded any amount to the appellant for the injuries
sustained by him i.e. one fracture injury on his head and simple
injuries on elbow and wrist etc. Hence, this Court is of the
considered view that the appellant is entitled for Rs.50,000/- for
one grievous head injury and Rs.25,000/- for simple injuries
sustained by him. Similarly, the appellant is also entitled an
2014 (5) ALD 42 SC
amount of Rs.27,000/- towards loss of income for six months @
Rs.4,500/- per month, which can be taken, as per the principle
laid down by the Hon'ble Supreme Court in Ramachanrappa
(supra). The appellant is also entitled for Rs.10,000/- towards
litigation expenses as per the principle laid down by the Hon'ble
Supreme Court in V.Mekala (supra). Thus in all, the appellant is
entitled for the amount as shown below:
Sl. Name of the head Amount Amount
No. awarded by awarded by
the Tribunal this Court
Rs. Rs.
01. For injuries -- 75,000-00
02. Pain and suffering 20,000-00 20,000-00
03. Transport, medical 19,000-00 19,000-00
expenses and nourishment
04. Loss of income 18,000-00 27,000-00
05. Litigation expenses -- 10,000-00
Total: 57,000-00 1,51,000-00
7. In the result, the M.A.C.M.A. is allowed in part enhancing
the compensation amount awarded by the Tribunal from
Rs.57,000/- to Rs.1,51,000/-. The enhanced amount shall carry
interest at 7.5% p.a. from the date of petition till the date of
realization against the respondent Nos.1 and 2 jointly and
severally. Respondent Nos.1 and 2 are directed to deposit the
enhanced compensation amount with accrued interest within a
period of two months from the date of receipt of a copy of this
order. On such deposit, the appellant is entitled to withdraw the
said amount without furnishing any security. No costs.
Miscellaneous petitions, if any pending, shall stand closed.
______________________________
JUSTICE J. SREENIVAS RAO
Date: 08.11.2024
pgp
