Partly allowed

Maddukuri Laxmi Narayana v. kodali Sampath kumar

Telangana HC11 Jul 2011MACMA/1362/2011

Case brief

AI extract

What is this about?

In an appeal against a Motor Accident Claims Tribunal order awarding Rs.32,500, the court enhanced compensation to Rs.50,000. Adjustments were made for medical expenses (Rs.10,000) and loss of earnings (Rs.10,000), and partial disability was recognized.

What did the court decide?

The total compensation was enhanced to Rs.50,000, along with an order for interest at 7.5% on the enhanced amount.

Maddukuri Laxmi Narayana Vs kodali Sampath kumar — Motor Accident Claims | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO

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M.A.C.M.A.No.1362 of 2011

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JUDGMENT:

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The appeal is filed by the claimant in O.P.No.852 of 1995 on the file of the Motor Accident Claims Tribunal-cum-III Additional District Judge, Nizamabad being not satisfied with the quantum of compensation by the petitioner for the injuries received by him in a motor accident.

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2. According to the case of the petitioner, on 21.02.1995 at about 6.30 A.M., when the petitioner was returning to his house from the fields, tractor and trailer bearing Nos.AP 25 T 846 and 682 driven by its driver came in a rash and negligent manner and dashed against him, as a result of which, he received multiple injuries. The vehicle was insured with the 2^nd respondent. The petitioner claimed that he received multiple injuries and spent money for treatment.

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3. The 2^nd respondent filed a counter putting the petitioner to strict proof of the rashness and negligence and the nature of the injuries.

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4. After considering the evidence on record, the learned Tribunal has granted a sum of Rs.32,500/-.

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5. According to the claim of the petitioner, the petitioner has received multiple injuries and as per the certificate Ex.A.3 one injury is a grievous injury and another injury is a simple injury. He was said to be in hospital from 21.02.1995 to 17.04.1995. The lower Court has granted a sum of Rs.20,000/- towards pain and suffering, a sum of Rs.5,000/- was granted towards medical expenses and a sum of Rs.2,000/- was granted towards the transport charges. The lower

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Tribunal has granted loss of earnings for 55 days and fixed at Rs.5,500/- and arrived at the compensation of Rs.32,500/-.

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6. The learned counsel for the petitioner contends that so far as the claim of pain and suffering is concerned since there is only one grievous injury, compensation of Rs.20,000/- appears to be reasonable. But, so far as the medical expenses is concerned, evidently the petitioner was in hospital for a period of nearly two months and the attendance will be more and also other medical expenses will be there.

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7. In view of the above circumstances, I feel the ends of justice would meet if a sum of Rs.10,000/- is granted for medical expenses. The lower court has fixed the loss of earnings only for a period of confinement in the hospital for 55 days and arrived at Rs.5,500/-. But, the fact remains that after the injury also there will be some difficulty in attending to the labour work and therefore, consequently the loss of earnings are also fixed at Rs.10,000/-.

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8. The learned counsel for the petitioner also claims that there is a proof of disability and the petitioner being young, it causes sufferance, the lower court has not taken into consideration the opinion of PW.2 and did not grant any compensation. However, there will be some temporary partial disability, a sum of Rs.8,000/- is granted towards partial disability.

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9. Hence, the total compensation petitioner entitled to is Rs.50,000/-. The petitioner is entitled to interest of 7.5% on the enhanced compensation.

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Accordingly Civil Miscellaneous Appeal is partly allowed. No costs.

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N.R.L.NAGESWARA RAO,J

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Date: 11.07.2011 INL

Maddukuri Laxmi Narayana v. kodali Sampath kumar

Case brief

What is this about?

What did the court decide?

Maddukuri Laxmi Narayana v. kodali Sampath kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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