Bande Gangaiah vs T. Ajay Kumar
2024 Latest Caselaw 3762 Tel

Telangana High Court

Bande Gangaiah vs T. Ajay Kumar on 11 September, 2024

         THE HONOURABLE SRI JUSTICE K.SURENDER
                    M.A.C.M.A.No.2366 of 2009
JUDGMENT:

This appeal is filed by the claimant aggrieved by the judgment

dated 30.11.2007 in O.P.No.510 of 2006 on the file of the Chairman,

Motor Accidents Claims Tribunal - cum - I Additional District

Judge, Adilabad (for short 'the Tribunal').

2. Heard learned counsel appearing for both sides and perused

the record.

3. On 16.04.2006, while the appellant was proceeding towards

Lodpalli, suddenly the offending vehicle, which was a van bearing

No.AP-15T-1234 driven by its driver, came with high speed in a rash

and negligent manner and dashed against the appellant, resulting

in the appellant received injuries.

4. The appellant received two grievous injuries viz., (i) crush

injury on his left foot and (ii) avulsion injury of the middle side of

the right foot and he was inpatient for two months. In support of his

hospitalization and expenditure incurred, documents were filed.

5. The manner in which the accident has taken place and the

liability on the Insurance Company, are not disputed. However, as

seen from the record, the compensation awarded by the Tribunal is

KS,J

lower side. In view of the injuries, which are grievous in nature,

sustained by the appellant, this Court is inclined to award an

amount of Rs.40,000/- towards injuries (Rs.20,000/- to each

grievous injury), Rs.25,000/- towards pain and suffering,

Rs.40,000/- towards extra nourishment and attendant charges.

6. Therefore, the claimant is eligible for the compensation as

below:

Sl.No. Name of the Head Compensation Compensation awarded by awarded by this the Tribunal Court

1. Injuries Rs.25,000/- Rs.40,000/-

(Rs.20,000/- to each grievous injury)

2. Pain and suffering - Rs.25,000/-

3. Medical expenses Rs.24,373/- Rs.24,373/-

and transportation

4. Future medical Rs.10,000/- Rs.10,000/-

expenses

5. Extra nourishment - Rs.10,000/-

            and     attendant
            charges
     6.     Total                        Rs.59,373/-       Rs.1,09,373/-

7. In the result, the Motor Accidents Civil Miscellaneous Appeal

is partly allowed by enhancing the compensation from Rs.59,373/-

to Rs.1,09,373/-.

KS,J

(a) The awarded 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

eight (8) weeks from the date of receipt of a copy of the judgment.

On such deposit, the claimant is entitled to withdraw the entire

amount without furnishing the security.

There shall be no order as to costs. Pending miscellaneous

petitions, if any, shall stand closed.

_________________ K.SURENDER, J Date: 11.09.2024 Dua