Telangana High Court
Kevloth Valya , Lambada Vilya vs Sri A. Kishan And Another on 11 September, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.2343 OF 2009
JUDMENT:
1. This appeal is filed by the claimant/appellant questioning
the compensation granted by the Tribunal as meagre.
2. Heard the learned counsel for the appellant-claimant and
the learned counsel for respondent No.2-Insurance Company.
3. The manner in which the accident had taken place and the liability is not in dispute.
4. On 20.12.2000, while the appellant was travelling in a lorry from Nizamabad to Armoor on national highway No.16, at about 4:45 p.m., the offending vehicle which is also a lorry driven in a rash and negligent manner at a high speed lost its control and dashed against the lorry in which the appellant was traveling resulting in the appellant receiving multiple fractures to his both jaws and simple injuries all over the body.
5. Learned counsel for the appellant submits that the Tribunal having considered the injuries received by the appellant and the expenditure incurred by him granted meagre compensation of Rs.22,000/-only and prayed to enhance the same. 2
6. Learned counsel appearing for the 2nd respondent-Insurance Company argues that the compensation granted by the Tribunal is adequate and only for the reason of loosening of teeth, compensation cannot be enhanced.
7. Though Ex.A.7/disability certificate was filed, since there is no proof regarding disability and it was not issued by the competent Board, the said disability factor was not considered by the Tribunal. I do not find any reason to disturb the said finding.
8. However, since it is not in disputed that the appellant received multiple fracture injuries to jaws and became loose, this Court deems it appropriate to enhance the compensation as follows:-
Awarded by Awarded by
Sl.No. Name of Head Tribunal this Court
01. Grievous injury (2) Rs.22,000/- Rs.60,000/-
02. Pain and suffering /- Rs.20,000/-
06. Medical Expenses /- Rs.25,000/-
Rs.22,000/- Rs.95,000/-
TOTAL
9. In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed enhancing the compensation awarded by the Tribunal from Rs.22,000/- to Rs.95,000/-. The enhanced amount shall carry interest @ 7.5% per annum from the date of petition till the date of realization. Except the above enhancement, the award 3 of the Tribunal shall remain same on all other aspects. Miscellaneous applications, if any pending, shall stand closed.
__________________ K.SURENDER, J Date : 11.09.2024 dv