THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No. 3448 of 2009

JUDGMENT:

This appeal is filed against the Order dated 17.06.2009 in O.P.No.829 of 1999 passed by the Motor Accident Claims Tribunal (III Additional District Judge), (F.T.C.), Nizamabad.

2. The appellant/petitioner filed O.P.No.829 of 1999, claiming compensation of Rs.1,00,000/- for injuries sustained by the petitioner in the road traffic accident occurred on

01.09.1998.

3. Learned counsel for appellant/petitioner stated that on behalf of the petitioner, P.Ws.1 to 4 were examined and Exs.A1 to A4 and C1 and C2 were marked. R.W.1 was examined and Exs.B1 to B4 were marked on behalf of respondents.

4. The Trial Court dismissed the petition. Aggrieved by the said order, the petitioner has filed the present appeal.

5. Heard both sides. Perused the record.

6. P.W.3 stated that as per case sheet, petitioner was brought to the hospital and he was having bandages to both the ankles. As per evidence of P.W.2, he sustained, fracture of left leg near knee. P.W.4 stated that petitioner sustained injury of left knee, right feet and ankle.

7. Considering the nature of injuries, this Court finds it reasonable to grant Rs.30,000/- towards injuries, Rs.10,000/- towards pain and suffering, Rs.10,000/- towards loss of amenities, Rs.10,000/- towards extra nourishment, Rs.10,000/- towards transportation and Rs.10,000/- towards attendant charges, Rs.10,000/- towards medical expenses and Rs.40,000/- towards loss of earnings, as he might not have attended any work for a period of 8 months.

8. Therefore, the appellant/petitioner is entitled for the compensation in the following terms:

9. In the result, the appeal is allowed by granting compensation amount of Rs.1,30,000/- (Rupees One Lakh Thirty Thousand only) with interest at the rate of 7.5% per annum from the date of filing the petition till date of realization. Respondent No.3 shall deposit the entire amount within a period of one month from the date of receipt of a copy of this order. On such Deposit, the petitioner is permitted to withdraw the total amount along with interest accrued on it. The appellant/petitioner is directed to deposit deficit court fee on the enhanced amount. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

_________________________ JUSTICE P.SREE SUDHA DATED: 21.04.2025 CHS

3379 THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A No. 3448 of 2009 DATED: 21.04.2025 CHS