In this Second Appeal against an award by the Motor Accidents Claims Tribunal, the court addressed the insufficient compensation of Rs.9,500 for injuries sustained in a motor vehicle accident. The court enhanced compensation to Rs.23,000 and awarded interest.
Appeal partly allowed; compensation enhanced to Rs. 23,000; interest at 6% per annum awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE MR JUSTICE R. KANTHA RAO
C.M.A.No. 2346_of 2003
Date:06.07.2012 Between: P. Sreedhar …Appellant And S.T. Rangaiah and another
…Respondents
THE HON’BLE MR JUSTICE R. KANTHA RAO
C.M.A.No. 2346_of 2003
JUDGMENT:
This appeal is filed by the appellant against the award dated 28.10.2002 passed by the Motor Accidents Claims Tribunal-cum- I Additional District Judge, Kurnool in O.P.No.863 of 2000.
2. I have heard the learned counsel appearing for the appellant and also the learned counsel appearing for the respondents.
3. The injured-claimant filed a claim petition under Section 166 of the Motor Vehicles Act before the learned Tribunal below seeking compensation of Rs.50,000/- in respect of the injuries sustained by him in a motor vehicle accident occurred on 17.02.2000.
4. Learned Tribunal after making an enquiry into the award, granted compensation of Rs.9,500/- with interest at 9% per annum from the date of the petition till realisation. The appellant filed the present appeal challenging the award on the ground that the compensation granted is inadequate.
5. Since the only question arises in the present appeal is whether the compensation granted is just and reasonable, the other aspects need not be gone into.
6. Ex.A-5 injury certificate filed by the claimant before the Tribunal discloses the following injuries:
1) A laceration of 3” x 1” over the left fore-arm.
2) An abrasion of 5” x 2” over the left shoulder.
3) An abrasion of 4” x 2” over the right fore-arm.
4) Tenderness and crepiting over the middle phalamx of ring finger of right hand and found a fracture of phalanx of ring finger of right hand.
7. The injuries 1 to 3 are simple in nature while the injury No.4 is a grievous one. Accordingly, the claimant is entitled for an amount of Rs.6,000/- for three simple injuries and an amount of Rs.15,000/- for the grievous injury as compensation. This apart, he is also entitled for compensation of Rs.2,000/- for pain and suffering. In all, the claimant is entitled for compensation of Rs.23,000/-. The enhancement would be Rs.23,000/- minus Rs.9,500/- = Rs.13,500/-. However, the enhanced compensation amount shall carry interest @ 6% per annum from the date of the petition till realisation.
8. In the result, with the enhancement in the compensation and awarding interest @ 6% per annum on the enhanced compensation amount from the date of the petition till realisation, the appeal filed by the appellant is partly allowed. There shall be no order as to costs.
__________________ Date:06.07.2012 R. KANTHA RAO, J Ccm
THE HON’BLE MR JUSTICE R. KANTHA RAO
C.M.A.No. 2346_of 2003
Date:06.07.2012
1 issue framed by the court
Whether the compensation of Rs.9,500/- granted by the Tribunal for injuries sustained is just and reasonable.
1 provisions across 1 enactments
P. Sreedhar
S.T. Rangaiah
R. KANTHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
