Telangana High Court
T.Hanmanthu vs N.Keshava Goud on 10 September, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.1917 of 2009
JUDGMENT:
This appeal is filed by the claimant aggrieved by the
award dated 21.07.2008 in MVOP No.639 of 2006 passed by the
Chairman, Motor Vehicle Accidents Claims Tribunal-cum-I
Additional District Judge, Mahabubnagar.
2. Heard both sides and perused the entire material on
record.
3. The claim petition was filed seeking compensation of
Rs.5,00,000/- and the Tribunal has granted compensation of
Rs.1,15,000/- with interest @ 7.5% per annum from the date of
petition till the date of deposit.
4. The case of the claimant is that on 11.04.2006, the
petitioner and one Rupender Goud started on motorcycle to go
to Jamichedu, Jammulamma temple from Pebbair, meantime,
the offending vehicle, which is lorry came from opposite
direction in rash and negligent manner with high speed and
dashed the claimant motor cycle, resulting which claimant
received fracture crush injury to his right leg. According to him,
though he had taken continuous treatment, he did not get back
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MACMA_1917_2009
to normal. The Medical Board issued disability certificate
certifying that he sustained 40% permanent partial disability.
5. The claimant in the accident, sustained fracture injuries
and disability.
6. In support of the disability, the claimant produced
Ex.A7 and A13/discharge summary and disability certificate
showing that he sustained disability at 40% partial permanent
disability on account of the injuries received by him. 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. Learned counsel for the Insurance company would
submit that the learned Tribunal granted just and reasonable
compensation.
8. There is no dispute regarding grant of compensation of
Rs.35,000/- towards disability and loss of future earnings.
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MACMA_1917_2009
9. As per the case of claimant, he was doing dairy business
and hence, this Court is inclined to take the monthly income at
Rs.4,000/- and grant compensation accordingly. As per the age
of the claimant i.e. 65 years as on the date of accident, if 10%
future prospects are added, the annual income would come to
Rs.52,800/- (Rs.4,000+400X12). As per Schedule II of the Act, if
the said annual contribution arrived is multiplied with relevant
multiplier to the age of the claimant i.e.7, the total amount
comes to Rs.3,69,600/- loss of future income.
10. Basing on the evidence available on record, the Tribunal
has granted an amount of Rs.30,000/- towards two fracture
injuries and pain and suffering, Rs.50,000/- towards medical
and incidental charges, and this court is not inclined to interfere
with the said findings.
11. The Tribunal has not granted any amount under the
other conventional heads. Hence, this Court is inclined to grant
an amount of Rs.5,000/- for transportation & attendant charges
and Rs.5,000/- for extra nourishment.
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MACMA_1917_2009
12. In the light of the above discussion, the claimant is
entitled for the following compensation under different heads:
Head Compensation awarded
(1) Loss of income Rs.3,69,600
(2) Loss of earnings due to disability Rs.35,000
(3) Medical and Incidental Rs.50,000
Charges
(4) Two fracture injuries Rs.30,000
and pain and suffering
(5) Transportation and attendant charges Rs.5,000
(6) Extra nourishment Rs.5,000
Total compensation awarded Rs.4,94,600/-
13. In the result, the Motor Accident Miscellaneous Appeal
is partly allowed enhancing the compensation amount awarded
by the Tribunal from Rs.1,15,000/- to Rs.4,94,600/- as
hereunder:
(a) The enhanced amount shall carry interest at 7.5%
p.a. from the date of petition till the date of realization.
(b) The respondents shall deposit the amount within a
period of (8) weeks from the date of receipt of copy of
judgment. On such deposit, claimant is permitted to
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MACMA_1917_2009
withdraw entire amount without furnishing any
security.
Pending miscellaneous petitions, if any, shall stand
closed. No order as to costs.
__________________
K.SURENDER, J
Date: 10.09.2024
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