Partly allowed

M.Janardhan Reddy v. P.Sridhar

Telangana HC11 Jul 2011MACMA/1380/2011

Case brief

AI extract

What is this about?

On an appeal against the compensation awarded for a motor accident injury, the court enhanced the compensation from Rs.30,500 to Rs.40,000. The enhancement increased medical expenses to Rs.10,000 and combined transportation and clothing damages to Rs.2,500. The court also awarded Rs.2,500 for loss of earnings and ordered interest at 7.5% per annum on the enhanced amount.

What did the court decide?

Enhanced compensation from Rs.30,500 to Rs.40,000 awarded. Interest at 7.5% per annum on the enhanced amount granted. No costs.

M.Janardhan Reddy Vs P.Sridhar — Medical Negligence | 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.1380 of 2011

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JUDGMENT:

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Heard.

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2. The claimant in O.P.No.867 of 2000 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad is the appellant herein.

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3. He filed a petition claiming compensation of Rs.1,25,000/- for the injuries received by him in a motor accident on 24.02.2000 at the outskirts of Kalwakurthy. The lower Court after appreciating the evidence came to the conclusion that the petitioner is entitled to a sum of Rs.30,500/- towards compensation. The insurance of the vehicle is not disputed nor any evidence was adduced and the award was not challenged by the insurance company.

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4. As can be seen from the evidence of PWs.1 and 2, the petitioner is said to have received two grievous injuries. The injuries are said to be on the face and the lower Tribunal has also accepted the above fact. PW.2 supported the evidence of the petitioner. The lower Court, however, has granted a sum of Rs.25,000/- towards pain and suffering due to the injuries.

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5. However, so far as the medical expenses is concerned, the petitioner claimed that he spent a sum of Rs.10,000/-, whereas the lower Tribunal has granted only a sum of Rs.4,000/-. Evidently, the fact remains that when the petitioner was treated in C.D.R. hospital at Hyderabad and when he is a native of Jajala village of Mahaboobnagar District, it cannot be taken that the attendance on him

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and the medical expenditure incurred by him will be too low. Therefore, taking into consideration the above fact, the claim for medical expenses at Rs.10,000/- pleaded by him appears to be reasonable. Hence a sum of Rs.10,000/- is granted for medical expenses.

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6. Furthermore, the transportation charges were granted at a sum of Rs.1,000/- and damages to the clothes was granted to a tune of Rs.500/-. But, if a sum of Rs.2,500/- is granted on these accounts it will meet the ends of justice.

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7. Since the petitioner was in hospital for some time and suffered loss of earnings, a sum of Rs.2,500/- is granted for loss of earnings and consequently, the total compensation petitioner entitled to is Rs.40,000/-.

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8. The award of the lower Tribunal is accordingly modified by enhancing the compensation to Rs.40,000/- instead of Rs.30,500/granted by the lower Tribunal and on the enhanced amount the petitioner is entitled interest at 7.5% per annum.

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Accordingly the 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

M.Janardhan Reddy v. P.Sridhar

Case brief

What is this about?

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M.Janardhan Reddy v. P.Sridhar

Case brief

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