Partly allowed

Shaik Mohammad Gouse v. G. Venkata Subbaiah

Telangana HC9 Feb 2012CMA/1686/2002

Case brief

AI extract

What is this about?

The court enhanced the compensation amount for permanent disability in a motor vehicle accident claim filed under Section 166 of the MV Act. While affirming the medical and pain components, the permanent disability sum was increased, and the interest rate was reduced from 12% to 7.5% per annum. The appeal was partly allowed.

What did the court decide?

The award was enhanced by Rs. 15,000/-. Interest rate reduced to 7.5% per annum.

Shaik Mohammad Gouse Vs G. Venkata Subbaiah — Motor Accident Claims | Telangana HC (2012)

¶1

THE HON’BLE MR JUSTICE R. KANTHA RAO

¶2

CMA NO. 1686 OF 2002

¶3

DATED: 09.02.2012

¶4

Between:

¶5

Shaik Mohammad Gouse .. Appellant And G.Venkata Subbaiah and another

¶6

.. Respondents

¶7

THE HON’BLE MR JUSTICE R. KANTHA RAO

¶8

CMA NO. 1686 OF 2002

¶9

JUDGMENT:

¶10

Heard Sri V.R. Reddy, learned counsel appearing for the appellant and Sri P.Sunil Kumar, learned counsel appearing for the respondent No.2/Insurance company.

¶11

2. The appellant filed claim petition under Section 166 of the M.V. Act for compensation of Rs.1,00,000/- in respect of the injuries sustained by him in a motor vehicle accident occurred on 15.03.2000 against which the learned Motor Accident Claims Tribunal cum-I Additional District Judge, Cuddapah by its award dated 20.08.2001 in M.V.O.P.No.380 of 2000 granted an amount of Rs.25,399/-. Challenge to the award is by way of seeking enhancement of compensation, by the appellant/claimant.

¶12

3. The appellant/claimant was working as attender in R.L.Unit, Animal Husbandry. As per Ex.A.2-wound certificate and evidence of PW2, the doctor who examined the appellant and issued disability certificate there is deformity of right thigh and tenderness, present. There is femur and the doctor also found that there is shortening of right lower limb by one inch followed by mal united fracture of right femur in the hip joint and that the doctor assessed the disability at 35% which is partial and permanent. To that effect, PW-2, the doctor issued

¶13

Ex.A.5-disability certificate. The learned Tribunal rightly granted an amount of Rs.5,399/- towards Ex.A.7-medical bills basing on Ex.A.5 disability certificate. The amount granted towards pain and suffering being reasonable, the same does not require any interference. However, the amount of Rs.10,000/- granted towards permanent disability being not adequate, is enhanced to Rs.25,000/-. Since the appellant is continuing in the same job and there is no evidence showing loss of earnings, no amount can be granted towards loss of earnings. In all the appellant is granted an amount of Rs.25,399/- + Rs.15,000/- = 40,399/-. However, the interest granted @ 12% per annum being on higher side is reduced to 7.5% per annum from the date of petition till the date of realisation.

¶14

4. With the above enhancement of Rs.15,000/- in the compensation, the appeal is partly allowed. There shall be no order as to costs.

¶15

__________________ Date: 09.02.2012 R. KANTHA RAO, J kvrm

¶16

THE HON’BLE MR JUSTICE R. KANTHA RAO

¶17

CMA NO. 1686 OF 2002

¶18

DATED: 09.02.2012

Shaik Mohammad Gouse v. G. Venkata Subbaiah

Case brief

What is this about?

What did the court decide?

Shaik Mohammad Gouse v. G. Venkata Subbaiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

S. Subba Reddy Vs United India Insurance Co. Ltd.

Pedapudi Satyavathi, Vs Donipati Rama Chandrarao

Gaddam Vishwanadham Vs Mukhim Ahmed

Chukka Sanyasamma Vs Banti Venugopala Reddy

Maragani Ramaiah Vs Gandam Pulla Rao

The New India Assurance Co.Ltd.Adilabad Vs Syed Atir Salman and 3 Ors.