THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No.2474 of 2009

JUDGMENT:

This appeal is filed against the Order dated 14.11.2007 in O.P.No.1694 of 2005 passed by the V Additional Metropolitan Sessions Judge (Mahila Court)-cum-XIX Additional Chief Judge, City Criminal Courts at Hyderabad.

2. The appellant/petitioner filed O.P.No.1694 of 2005, claiming compensation of Rs.1,50,000/- for injuries sustained by the petitioner in the road traffic accident occurred on 08.06.2005.

3. Learned counsel for appellant/petitioner stated that on behalf of the petitioner, P.Ws.1 to 3 were examined and Exs.A1 to A14 were marked. Ex.B1 was marked on behalf of respondents.

4. The Trial Court considering the oral and documentary evidence granted Rs.1,16,000/- with interest @ 7% per annum from the date of petition to till the date of deposit. Challenging the quantum of compensation as meagre, the petitioner has filed the present appeal.

5. Learned counsel for the petitioner mainly contended that as per Ex.A11, the disability certificate, the petitioner sustained partial and permanent disability at 35%, but the trial Court did not considered the disability. The trial Court not granted any compensation for extra nourishments, transportation, attendant charges and disfiguration. Therefore, requested this Court to enhance the compensation by modifying the order of the Trial Court.

6. Heard both sides. Perused the record.

7. As per the evidence of P.W.3, doctor, stated that he did not treat the petitioner immediately after the accident and petitioner came to the hospital on 15.09.2005 and on examination, he found that the petitioner sustained fractures of non-union of right tibia shaft grade-IB communited fracture and both bone medial condyle of right tibia. A surgery was performed in the form of interlocking nail fixation on 03.07.2005.

8. The petitioner was aged 24 years at the time of filing of the O.P. The petitioner was working as car mechanic and earning Rs.4,000/- per month. On perusal of the record, this court finds it reasonable to take his disability as 35% as per Ex.A11 and the appropriate multiplier is ‘18’ and the compensation under the head ‘disability’ comes to Rs.3,02,400/- (4000 x 12 x 18 x 35%) and he is also entitled to Rs.15,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities, Rs.10,000/- towards extra nourishment, Rs.10,000/- towards transportation, Rs.10,000/- towards attendant charges, Rs.45,273/- towards medical expenses and Rs.32,000/- (4000 x 8) towards loss of earnings for a period of eight months.

9. Therefore, the appellants/petitioners are entitled for the compensation in the following terms:

10. In the result, the appeal is allowed by enhancing the compensation amount from Rs.1,16,000/- to Rs.4,39,673/- (Rupees Four Lakhs Thirty Nine Thousand Six Hundred and Seventy Three 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 pay the deficit court fee on the enhanced amount. No costs.

Miscellaneous petitions pending, if any, shall stand closed.

_________________________ JUSTICE P.SREE SUDHA DATED: 09.04.2025

CHS

3305 THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A No. 2474 of 2009 DATED: 09.04.2025 CHS