THE HONOURABLE SRI JUSTICE K.SURENDER M.A.C.M.A.No.589 of 2010

JUDGMENT:

Aggrieved by the award and decree dated

02.05.2008 in O.P.No.715 of 2005 on the file of the Chairman Motor Accident Claims Tribunal(Prl District Judge), Nalgonda the claimant has filed this appeal for enhancement of the compensation amount.

2. Heard. Perused the record.

3. The case of the appellant/claimant is that, when he was aged around 8 years, on 21.07.2007, when he was going by walk to his school, the offending vehicle which is auto came in a rash and negligent manner and dashed the appellant. The appellant fell down and sustained injuries. 4. According to the Doctor-PW.2, who treated the injured, has stated that during the course of operation, as the injury could not be repaired, the right kidney was removed.

5. The manner in which the accident has taken place and the liability is not in dispute.

6. The Tribunal found that, compensation of Rs.40,000/- for the loss of vital organ and Rs.2,000/- for pain and sufferings would be sufficient.

7. The boy has lost a kidney and on account of the said loss of vital organ, it would have an adverse impact on the boy throughout his life. There would be several constraints in leading a normal life, if one kidney is lost.

8. In view of the above, this Court deems it appropriate that the compensation granted by the Court below is inadequate. Accordingly, Rs.4,00,000/- is granted towards loss of kidney, Rs.1,00,000/- towards pain and sufferings and Rs.50,000/- towards other injuries. Accordingly, the appellant/claimant is entitled for a total compensation of Rs.5,50,000/-(Rs.4,00,000+Rs.1,00,000+Rs.50,000).

9. In the result, the M.A.C.M.A is allowed enhancing the compensation amount granted by the Tribunal from Rs.86,750/- to Rs.5,50,000/-(Rupees Five Lakhs Fifty Thousand only) with interest @ 7.5% per annum from the date of petition till the date of realization to be payable by the respondent Nos.1 and 2 jointly and severally within a period of one(1) month from the date of receipt of a copy of this order.

On such deposit of the amount, the claimant is entitled to withdraw the same.

Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

_________________

K.SURENDER, J Date: 05.07.2024 sa