B. Santhosh, Nanded District vs Ottem Srinivas And Anr, Nizamabad
2024 Latest Caselaw 3558 Tel

Citation : 2024 Latest Caselaw 3558 Tel
Judgement Date : 3 September, 2024

Telangana High Court

B. Santhosh, Nanded District vs Ottem Srinivas And Anr, Nizamabad on 3 September, 2024

           THE HON'BLE SRI JUSTICE K.SURENDER

                  M.A.C.M.A.No.1875 of 2009

JUDGMENT:

This appeal is filed by the claimant aggrieved by the

award dated 23.04.2007 in O.P.No.1195 of 2002 passed by

the Motor Accidents Claims Tribunal-cum-VIII Additinoal

District Judge, Nizamabad.

2. Heard both sides and perused the entire material on

record.

3. The claim petition was filed by the claimant seeking

compensation of Rs.4,00,000/- for the injuries received by

him in the motor vehicle accident.

4. According to the claimant, while he was standing on

the side of the road at Gangaramanda village shivar on

Nandipet to Nizamabad road and at the time, the auto

bearing No.AP 25U 1995 driven in a rash and negligent

manner and at high speed and dashed the claimant with

the auto, due to which the claimant sustained fracture of

both bones of right leg, fracture of skull and injuries on KS, J MACMA_1875_2009

head, face and both eyes. Because of the permanent

disability sustained, he is unable to attend his duties.

5. The claimant in the accident, sustained fracture

injuries and disability.

6. As per the evidence of claimant/PW1, PW2/doctor

and Exs.A7 and A10, the claimant suffered the injuries i.e.

i) fracture of both bones of right leg, ii) fracture of skull and

injuries on head, iii) face and both eyes. The doctor/PW2

certified that he had 40% partial permanent disability,

however, the said disability factor was not considered by

the Tribunal on the ground that there was no corroborating

evidence to the disability factor like x-ray, etc. Hence, this

Court is also not inclined to interfere with the said finding.

7. The Tribunal has granted an amount of Rs.15,000/-

towards one fracture injury, Rs.1,500/- towards one simple

injury and however, the said amount was not calculated

during the final result of petition. Further, no amount was

granted towards pain and suffering. As the petitioner has KS, J MACMA_1875_2009

sustained grievous injury and one simple injury, this Court

is inclined to grant an amount of Rs.30,000/- towards

grievous injury, Rs.10,000/- towards simple injury and

Rs.20,000/- towards pain and suffering.

8. As per the evidence available on record, the Tribunal

has considered an amount Rs.17,877/- towards medical

bills, but as there was contributory negligence at 50%, the

Tribunal has granted an amount of Rs.8,939/- and this

Court after perusing the record observed that there was a

fracture sustained by the claimant and spent huge amount

towards medicines and treatment, hence, this Court is

inclined to grant Rs.17,877/- towards medical expenses.

9. The Tribunal has not granted any amount under the

other conventional heads. Hence, this Court is inclined to

grant an amount of Rs.10,000/- for transportation &

attendant charges each and Rs.10,000/- for extra

nourishment.

KS, J MACMA_1875_2009

10. In the light of the above discussion, the claimant is

entitled for the following compensation:

       Head                        Compensation awarded

   (1) One grievous and simple injury      Rs.30,000/-

   (2) Medical expenses                    Rs.17,877/-

   (3) Pain and suffering                  Rs.20,000/-

   (4) Extra nourishment                   Rs.10,000/-

   (5) Transport                           Rs.10,000/-

   (6) Attendant charges                   Rs.10,000/-

   Total compensation awarded              Rs.97,877/-

11. In the result, the Motor Accident Miscellaneous

Appeal of the claimant is partly allowed by enhancing the

compensation amount awarded by the Tribunal from

Rs.8,939/- to Rs.97,877/- as hereunder: