Partly allowed

Jampala Urmila v. Md.Azeemuddin and Anr.

Telangana HC2 Aug 2024MACMA/2815/2008

Case brief

AI extract

What is this about?

Motor accident appeal challenging low compensation. The High Court determined the monthly income at Rs.3,000, applied a multiplier, and awarded compensation for disability, injuries, and other heads. The tribunal's award of Rs.40,000 was enhanced to Rs.2,45,000.

What did the court decide?

Enhanced compensation to Rs.2,45,000 with 7.5% interest p.a. from date of petition to realization.

Jampala Urmila Vs Md.Azeemuddin and Anr. — Motor Accident Claims | Telangana HC (2024)

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tN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY THE SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2815 OF 2008

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Appeal Under Section 173 of Motor Vehicles Act against the Order and Decree in IM.V.O.P.No.B9S of 2003 dated 05/09/2005 on the file of the Court of the Chairman, Motor Accident Claims Tribunal-cum-l Additional District Judge, Warangal.

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Between

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Jampala Urmila, W/o.Narsaiah Labour Rl/o.Aknoor Village, Saidapur Mandal, Karimnagar District. Presently Ri./o.Balasamudram,

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...AppellanVClaimant

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AND

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MD.Azeemuddin, S/o.Khaja Moinuddin, Aged Major Owner of the Crime Vehicle Rr/o. H. N o.1 1 -20-326, Near Afzalia Masjid, Shanti Nagar,

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United lndia lnsurance Co Ltd, Rep by uts Divisional Manager [respondent No.'l is not necessary partyl The Divisional Manager, United lndia lnsurance Co Ltd., Divisional Office H.No.11l1582, PB No.75,

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..Respondents

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Counsel for the Appellant(s):Sri. A.Prabhakar Rao

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Counsel for the Respondents:Sri. B.Narayana Reddy

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The Court made the following: Judgment

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THE HON'BLE SRI JUSTICE K.SURENDER

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M.A.C.M.A.No.28 15 of 2OO8

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JUDGMENT:

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This appeal is filed by the claimant aggrieved by the award dated 05.09.2005 in MVOP No.895 of 2003 passed by the Chairman, Motor Vehicle Accidents Claims Tribunal (I Addl. District Judge, Warangal.

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Heard both sides and perused the entire material on record.

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a The claim petition was filed seeking compensation of Rs.2,50,OOO/- and the Tribunal has granted compensation of Rs.4O,OOO/- with interest @l 7.5% per annum from the date of petition till the date of deposit.

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4 The case of the claimant is that on 22.O1.2OO3, tbe claimant boarded auto along with her daughter to reach her village. However, while they were on the way, the offending vehicle which is a lorry driven by its driver in a rash and negligent manner with high speed hit the auto resulting in the claimant receiving fracture injuries, which are 1) Olcaranon fracture, 2) fracture radius middle 1/3.a and 3) cheek fracture distal end radius right. She also received fractures to right arm

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KS, J MACMA 2815 2008

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elbow and dislocation of elbow. According to her, though she had taken continuous treatment, she did not get back to normal. The Medical Board issued disability certificate certifying that she sustained 2O%o perrnanent partial disability.

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The liability of the Insurance compzrny and the injuries are not in dispute, so also disability of the claimant. The Doctor who treated the claimant was also examined as PW2 regarding injuries and disability factor.

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Learned counsel for the appellant would submit that the disability certificate issued by the Medical board under Ex.A7 was not considered. The Tribunal ought to have granted compensation on the basis of the disability considering her income at Rs.3,000/- per month.

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7 Learned counsel for the Insurance company would submit that no proof is filed regarding income of the claimant.

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According to the claimant, she was working as daily wage labourer and earning Rs.10O/- per day @ Rs.3,000/- per month. One cannot expect there to be any documentarJz proof of such income when she was working as a daily wage labourer at

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KS, J M ACM A_2815_2008

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different places. Accordingly, this Court is inclined to consider the monthly income at Rs.2,500/- and grant compensation

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9 As per the disability certificate Ex.A7 issued by the Medical board, the claimant has sustained 20% clisability.

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According to Ex.A4 Medical certificate issued by the treating doctor PW2, the claimant has sustained three fractures, for which, this Court is inclined to grant an amount of Rs.6O,0OO/- (Rs.2O,00Ox3).

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1 1 . Since this Court is inclined to take the monthly income at Rs.3,OOO/-, as per the age of the claimant i.e. 4O years as on the date of accident, il 25% future prospects are added, the annual income would come to Rs.45,0OO/- (Rs.3,OO0+75OXl2). As per Schedule II of the Act, if the said annual contribution arrived is multiplied with relevant multiplier to the age of the claimant i.e.15, the total amount comes to Rs.6,75,O00/-. Hence, the claimant is entitled Rs. 1,35,000/(Rs.6,75,000X2O / lOOl for loss of future income due to disability.

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Basing on the evidence available on record, the Tribunal has granted an amount of Rs.25,O0O/- towards pain and

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KS, J MACMA_2815_2004

I I

I I

suffering, Rs.5,000/- towards medica,l bills and Rs. 10,000/- and this court is not inclined to interfere with the said findings.

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The Tribunal has not granted any amount under the other conventional heads. Hence, this Court is inclined to grant an amount of Rs.5,000/- for transportation & attendant charges and Rs.5,0OO f - for extra nourishment.

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In the light of the above discussion, the claimalt is entitled for the following compensation under different heads:

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Head Compensation awarded (1) Loss of earnings due to disability Rs. 1,35,000 (2) Loss of income Rs.1O,000 (3) Medicai bills Rs.5,OO0 (41 Three grievous in-jurres Rs.60,O00 (5) Pain and suffering Rs.25,O00 (6) Transportation and attendant charges Rs.5,0O0 (7) Extra nourishment Rs.5,OO0 Total compensatiou awarded Rs.2,45,0OO/-

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In the result, the Motor Accident Miscellaneous Appeal is partly allowed enhancing the compensation amount awarded

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KS, J MACMA_2815_200a

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by the Tribunal from Rs.4O,OOO/- to Rs.2,45,000/AS hereunder:

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(a) The enhanced amount shall carry interest at Z.5o/o p.a. from the date of petition till the date of realization. (b) The respondents shall deposit the amount within a period of (8) weeks from the date of receipt of copy of judgment. On such deposit, claimant is permitted to withdraw entire amount without furnishing any security.

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Pending miscellaneous petitions, if anv, sha1l stand

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closed. No order as to costs.

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BHA^REDDY SD/.P.PADMANA ASSISTA REGISTRAR

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//TRUE^COPY//

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SECTION^OFFICER

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to'', The Chairman' Motor Accident Claims Tribunal-cum-l Additional^District ' jrio", w"angal (with records if any)

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a, sfi $ [^{si AiEiH:'ls11 i',1"":xi"lJJ'?'} 4. Two CD^CoPies Y^1

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HIGH COURT DAf ED:O2l0Bl2024

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JUDGMENT

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MACI/A.No.281 5 0f 2008

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STAYE O
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* nEc+f't

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M.A.C.M.A. IS PARTLY ALLOWED.

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G,uP8*
&--

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t l :

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY THE SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2815 OF 2008

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Between

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Jampala Urmila, Wo.Narsaiah Labour Rl/o.Aknoor Village, Saidapur Mandal, Karimnagar District. Presently Rl/o.Balasamudram,

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...AppellanUClaimant

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AND

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[t/D.Azeemuddin, S/o.Khaja Moinuddin, Aged Major Owner of the Crime Vehicle Fl/o.H.No.11-20-326, Near Afzalia Masjid, Shanti Nagar,

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United lndia lnsurance Co Ltd, Rep by uts Divisional Manager [respondent No.1 is not necessary partyl The Divisional Manager, United lndia lnsurance Co Ltd., Divisional Office H.No.1 1/1582, PB No.75,

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...Respondents

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Appeal Under Section 173 of Motor Vehicles Act against the Order and Decree in M.V.O.P.No.B9S of 2003 dated 05/09/2005 on the file of the Court of the Chairman, Motor Accident Claims Tribunal-cum-l Additional District Judge, Warangal.

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ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the case and upon hearing the arguments of Sri.A.Prabhakar Rao, Advocate for the appellant and of Sri B.Narayana Reddy, Advocate for Respondent.

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This Court doth order and decree as follows:

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'1 . That the M.A.C.[/.A. No.2B15 of 2008 be and hereby is partly allowed;

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That the enhancing the compensation amount awarded by the tribunal from Rs.40,000 /- to Rs.2,45,000 /-as hereunder;

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a) That the enhanced amount shall carry interest at 7.5o/o p.a. from the date of petition till the date of realization;

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b) That the respondents shall deposit the amount within a period of (8) weeks from the date of receipt of copy of Judgment;

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c) That on such deposit, claimant is permitted to withdraw entire amount without furnishing any security;

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That save as aforesaid, the decree of the tribunal shall stands confirmed in all other respects; and

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That there be no order as to costs in this appeal.

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SD/.P.PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// \

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SECTION OFFICER

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To,

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'1. The Chairman, Motor Accident Claims Tribunal-cum-l Additional District Judge, Warangal.

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Two CD Copies

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HIGH COURI DATED:O210812024

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DECREE MACMA.No.2815 of 2008

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M.A.C.M.A. IS PARTLY ALLOWED

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Jampala Urmila v. Md.Azeemuddin and Anr.

Case brief

What is this about?

What did the court decide?

Jampala Urmila v. Md.Azeemuddin and Anr.

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

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