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IN THE HIGH COURT OF TELANGANA
NARSING RAO NANDIKONDA
Ch.Ratna Raju – Appellant
Versus
Kamble Jagadishwar Rao – Respondent
JUDGMENT :
NARSING RAO NANDIKONDA, J.
The appellant/claimant filed the present appeal against the Award and decree passed by the IX Additional Chief Judge, City Civil Court, Hyderabad, (hereinafter referred to ‘learned Tribunal’) in M.V.O.P.No.1873 of 2014, dated 29.01.2020, wherein claimant/ petitioner had filed the claim petition seeking compensation of Rs.8,00,000/- for the injuries sustained by the petitioner in a motor vehicle accident that took place on 22.06.2014.
2. The brief facts of the case are that appellant/claimant filed M.V.O.P.No.1873 of 2014 under Section 166 of the M.V.Act, 1988 seeking compensation for the injuries received in a motor vehicle accident alleged to have caused due to rash and negligent manner by the Tata Ace Vehicle. It is contended that on 22.06.2014, the petitioner was proceeding on his motorcycle bearing No.AP-28-BM-3200 and when they reached near Prashanth Nagar Bus Stop, the driver of Tata Ace Vehicle bearing No.AP-28-TB-7778 came in a rash and negligent manner with high speed and dashed to the petitioner motorcycle, as a result, the petitioner fell down on the ground and sustained fracture and grievous injuries all over the body. The petitioner w
The court emphasized the necessity of fair compensation for injuries sustained in a motor vehicle accident, highlighting the importance of considering pain and suffering in the award.
The court determined that compensation for injuries should be proportionate to the severity of disability and loss of earnings, leading to a recalculation and enhancement of the awarded amount.
The court established that adequate compensation requires proper assessment of injuries and disability, resulting in a ruling to enhance compensation significantly beyond the initial award.
Compensation for injuries in motor accidents should reflect a reasonable assessment of income and related expenses, ensuring adequate and just recompense for the injured party.
The court ruled on the enhancement of compensation based on the evaluation of permanent disability, loss of income, and the assessment of contributory negligence.
Compensation for injuries must reflect a fair assessment of pain, suffering, and loss of income, even exceeding claimed amounts if justified by evidence.
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