JUDGMENT:

This appeal is preferred by the appellant/petitioner aggrieved by the order and decree dated 15.10.2009 passed by the Chairman (MACT)-Cum-II Additional District and Sessions Judge, Nizamabad (for short, ‘the trial Court’) in M.V.O.P.No.961 of 2005, whereby the trial Court has granted an amount of Rs.65,000/- as against Rs.1,00,000/- claim for the injuries received by him in a motor vehicle accident.

2. The case of the appellant is that on 02.06.2005 the petitioner along with others were traveling in the auto rickshaw bearing No.AP-25-V-0363 from Bheemgal to Onnajipet village and at about 03:00 PM, when the auto rickshaw reached near rice mill, Bada Bheemgal shiva, on the road leading to Sikidrapur, the driver of the auto rickshaw drove the auto in a rash and negligent manner, with high speed and could not control it, as a result of which the auto turned turtle. The petitioner and other inmates of the auto sustained multiple and grievous injuries. The petitioner sustained fracture of both bones tibia and fibula on right leg, injuries on head, chest, hands and other parts of the body.

3. The trial Court, having examined PWs 1 to 3 and marking Exs.A1 to A6 and Ex.B1, granted compensation of Rs.65,000/- with future interest @ 7.5% per annum from the date of petition to till the date of realization.

4. Heard both sides.

5. The main ground on which, the present appeal was filed is that the appellant is aggrieved by the meagre compensation that was awarded by the learned Trial Court. Though the claim was made for Rs.1,00,000/-, the learned Tribunal by considering the evidence on record and granted Rs.65,000/-.

6. The manner in which the accident has taken place and the liability is not disputed. However, it is the argument of the claimant that meagre amount was granted towards compensation.

7. In view of the facts and circumstances and on a perusal of the entire material on record, this Court is inclined to enhance the compensation for the following heads as under:

aw arded

8. In the result, the appeal is partly allowed enhancing the compensation amount awarded by the Trial Court from Rs.65,000/- to Rs.1,10,000/- 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 enhanced amount shall be deposited by the respondents jointly and severally within a period of two (2) months from the date of receipt of a copy of this judgment. On such deposit, claimant is permitted to withdraw the amount without furnishing the security, on payment of deficit Court fee.

Miscellaneous applications, pending if any, shall stand closed.

_________________ JUSTI CE K.SURENDER Date:12.06.2024 vrks