THE HON’BLE SRI JUSTICE K.SURENDER M.A.C.M.A.No.2964 of 2009

JUDGMENT:

This appeal is filed by the claimant aggrieved by the award dated 11.06.2009 in O.P.No.583 of 2004 passed by the Motor Accidents Claims Tribunal-cum-VII Additional District Judge, Nizamabad at Bodhan.

2. Heard Sri Y.S.Yellanand Gupta, learned counsel for the appellant/claimant and Sri N.J.Sunil Kumar, learned counsel for the respondent/Insurance company and perused the entire material on record.

3. The claim petition was filed seeking compensation of an amount of Rs.3,00,000/- and the Tribunal has granted compensation of Rs.43,100/- with interest @ 7.5% per annum from the date of petition till the date of realization.

4. The case of the injured appellant is that on 08.01.2024 at about 07.45am, while he along with other persons were travelling in the auto, the auto driver drove in rash and negligent manner and hit the auto which was coming in the opposite direction. All the passengers in the auto fell down and sustained grievous injuries. In so far as the petitioner/appellant is concerned, according to wound certificate/Ex.A.3, he sustained 1) Fracture to the left shoulder clavicle, 2) Fracture of inter condyler on left elbow, 3) Fracture of both bones of right knee, 4) Fracture of Olecranon of right elbow, multiple abrasion on right knee and foot.

5. The Injuries were considered by the Tribunal, since there was no proof of any permanent disability that was filed, the Tribunal deemed it appropriate to grant compensation on the basis of the injuries.

6. However, as seen from the record, the petitioner/appellant was farmer aged around 20 years, as such his income can be taken as Rs.5,000/- per month and compensation can be granted.

7. There is no dispute about the injuries sustained by the claimant. As per the wound certificate/Ex.A3, the claimant has sustained three fracture injuries and one multiple injury. For three grievous injuries, he is entitled an amount of Rs.30,000/- each and for one simple injury, he is entitled for Rs.10,000/-.

8. For pain and suffering, the Tribunal has granted an amount of Rs.20,000/-. Considering the grievous nature of injuries, this Court is inclined to grant an amount of Rs.25,000/- under the head of pain and suffering.

9. Under the heads of extra nourishment, transport and attendant charges, the Tribunal has granted an amount of only Rs.5,000/-. Hence, this court is inclined to grant an amount of Rs.15,000/- each under the heads of extra nourishment, transport and attendant charges.

10. In the light of the above discussion, the claimant is entitled for the following compensation under different heads:

Head Compensation awarded (1) Three fractures and Rs.1,00,000 one simple injury (2) Pain and suffering Rs.25,000 (3) Transportation Rs.15,000 (4) Extra nourishment Rs.15,000 (5) Attendant Charges Rs.15,000 Total compensation awarded Rs.1,70,000/-

11. In the result, the Motor Accident Miscellaneous Appeal is partly allowed enhancing the compensation amount awarded by the Tribunal from Rs.43,100/- to Rs.1,70,000/- 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 respondent/insurance company 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 withdraw entire amount without furnishing any security.

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

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K.SURENDER, J Date: 27.09.2024 mmr