THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No.3416 of 2009

JUDGMENT:

This appeal is filed against the order of the Tribunal passed in O.P.No.140 of 2007 dated 03.02.2009 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal, (District Judge) at Nalgonda.

2. Heard learned counsel for the appellant/petitioner. No representation on behalf of the respondents.

3. Injured-claimant filed application claiming compensation of Rs.2,00,000/- for the injuries sustained by him in the accident. The Tribunal considering the entire evidence on record granted an amount of Rs.68,200/- with interest @ 7.5% per annum from the date of petition till the date of realization.

Aggrieved by the said order, this appeal is preferred.

3. It is stated that the Tribunal granted meager amounts without considering his age and profession and no amount was granted under Pain and Sufferring, Medical Expenses, Extra Nourishment, Attendant Charges and therefore requested this Court to enhance the compensation.

4. As per Ex.A.3/medical certificate, petitioner-injured sustained wound contusion of right leg and the note of the doctor reads there is an grade-III compound fracture of both bones right leg and the injury is opined as grievous. Ex.A.5 is the discharge bill issued by Mother Thereisa Orthopedic Hospital, Devarakonda for Rs.34,200/- and Ex.A.6 consists of bunch of medical bills for Rs.9,442/-. P.W.3 is the Civil Assistant Surgeon Specialist (Ortho) in Government Head Quarters Hospital, Nalgonda issued Medical Certificate and he stated that the injured sustained 10% permanent disability.

Ex.A.8 is the certified copy of Disability Certificate.

5. On perusal of the entire record discloses that the petitioner was aged 24 years as on the date of accident and working as labourer and earning Rs.4,000/- per month. Therefore, this Court finds that it is just and reasonable to take income of the deceased as Rs.4,000/- per month and his annual income comes to Rs.48,000/- (Rs.4,000/- X 12 = Rs.48,000/-). As per Ex.A.8 injured sustained 10% disability and aged 24 years as on the date of accident. Therefore, this Court finds that it is just and reasonable to take multiplier as “18” as the injured aged 24 years, and also finds it reasonable to assess disability as 10% as per Ex.A.8. Therefore, injured is entitled for an amount of Rs.86,400/- (Rs.48,000/- X 18 X

10/100=Rs.86,400/-) towards loss of earnings and disability.

6. The Tribunal has not granted amount for under Pain and Suffering, loss of amenities, Extra Nourishment, Attendant Charges. The petitioner-injured is further entitled for grant of Rs.15,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities, Rs.10,000/- towards Transportation, Rs.10,000/- towards Extra nourishment and Rs.10,000/-

towards attendants charges.

7. Therefore, petitioner/injured is entitled for the compensation in the following terms:

8. In the result, the M.A.C.M.A is partly-allowed by enhancing the compensation amount from Rs.68,200/- to Rs.1,46,400/- (Rupees One Lakh Forty-Six Thousand Four Hundred only) with interest at the rate of 7.5% per annum from the date of filing the petition till the date of realization. Respondent No.2 is directed to deposit the entire amount within a period of one month from the date of judgment. On such deposit, the petitioner/injured is permitted to withdraw the said amount along with interest accrued on it. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

_________________________ JUSTICE P.SREE SUDHA DATE: 18.03.2025 Bw