Injured claimant appealed for enhancement of compensation for grievous fracture of right wrist sustained in a scooter-cruiser collision. The High Court enhanced compensation from Rs.43,642 to Rs.83,642, adding amounts towards fracture injury and increasing pain and suffering and transport/nourishment heads.
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.
[32531
IN THE HIGH COURT FOR THE STATE OFTELANGANA AT HYDERABAD
WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENry FIVE
PRESENT
THE HONOURABLE SMT JUSTICE M.G.PRIYADARSINI
MOTOR ACCIDENT CIVILMIS CELLANEOUSAPPEALNO: 820 OF 2014
Appeal filed under Section1 73 of MotorvehiclesAct., against the Judgment and decree, made in OP.No.482 of2008 Dated 26.06.2012 on the file of the chairman, Motor Accident Claims Tribunal-cum-llAdditional District Judge(Fast Track Court), Mahabubnagar.
Between:
Smt Kanigiri Hema, Wo. Vijay Kumar,Age: 33 years,Occ: GovtTeacher, Grade-ll, at U.P.S. Ganga Sbmudram,Nandipeta Mandal, Nizamabad District, R/o. H.No. 4-2-45, Sikilgeri Street, NarayanpetTown, MahabubnagarDistrict.
...PETITION ER/APPELLANT
AND
(Policy Cover note No.8835 valid from 25-11-2006 to24-11-2^007issuedby D.O.tt. Cfreny Building No.3,First Cross,First Floor,GandhiNagar, Bangalore)
...RESPONDENT.
Counsel for the Appellant: SRl. JSANDHYA RANI
Counsel for the Respondent No.2:SRIY KISHOREBABU
The Court delivered the following:JUDGMENT
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HON'BLE SMT.JUSTICE M.G.PRTYADARSINI
M.A.C.M.A.No.82O OF 2OL4
JUDGMENT:
1 . Dissatished with the compensation awarded bythe learned Motor Accidents Claims Tribunal- cum' - [lAdditional District Judge (F.T.C.), Mahabubnagar (in short, theTribunal), in M.V.O.P.No .482 of 2008, dated 26.06.2012, the 1>etitionerin the said O.P preferred the present Appeal seeking etlhancement of compensation.
ji1r..
MGP,I MACMA.No.820 of2014
the petitioner, her husbandand daughter fell down and sustained severe injuries.Immediatelyafter the accident, the petitioner was shifted toGovernrnent Civil Hospital,Narayanpet, from there toGovernment HeadquartersHospital' Mahabubnagar and thereaftershifted toS'V'S'Hospital, Mahabubnagar andwas treated as inpatientfrom24 'O5'2OO7 to 09.Cr6.2007. It isstatedby the petitioner that she underwent operation of closedreduction and K wire hxation and was bed- ridden and had to applyleave fromOa-O8'2OO7 and Iost leave title and earningsfor the said period.Due to the saidaccident and injuries sustainedby her,she is unableto lift weights with right hand and becamepermanently disabledand spent huge amounts towardsmedicines and treatment and hence Iiled claim petition seekingcompensationof Rs 1,O0,0OO/-against the respondents.
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7 . Before the Tribunal,the petitioner/ injured examined herself as PWl,got examinedPW2and got marked Exs'Al to A9 on her behalf.On behalf of respondentsno oral evidencewas adduced, however,Ex.Bl-Copyof insurance policy was marked with consent
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MGP,J MACMA.No.820 of 2014
though the petitioner got examined PW2-Orthopedic Surgeon to prove about the injuries sustained by her, but the learned Tribunal did not consider his evidence and awarded very meager amount towards loss of earnings, pain and suffering, transportation and extra nourishment and failed to award amount towards attendant charges during the period of treatment undergone by her in the Hospital. He also contended that the Tribunal ought to have awarded interest @ 12ok per annum instead of 7 .5o/o and therefore prayed to allou, the Appeal by enhancing the compensation amount.
Whether the appellant/ injured is entitled for e nhance ment of co mp ens atio n?
POINT:-
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M6P,I MAcMA.No.820 of 2014
by the Court below on those aspectswere not challenged,there is no necessity to once again decide theabove said aspects.The only point that has to be considered inthe present Appeal is with regard to quantum of compensation.
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MG P,J MACMA,No.820 ot 2014
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learned Tribunal awarded an amount of Rs. 16,00O/ - towards Ioss of earnings for the said period. This Court hnds the same to be reasonable and is not inclined to interfere with the same.
under: -
| S.No. | Name Head of the |
Amount Awarded Tribunal |
by | Amount awarded thisCourt by |
|---|---|---|---|---|
| 1 | Lossof earnings | Rs.16,0OO/- | ||
| 2 | Fractur_eluury- | Rs.25,0OO/- | ||
| MedicalEx CNSCS |
Rs.7,6a2/- | |||
| 4 | Transport Extra- nourishment and |
Rs.5,000/- | Rs.10,00O/- | |
| 5 | Painandsuffering | Rs.15,000/- | Rs.20,00O |
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MGP,J MACMA.No.820of 2014
6 Attendant char CS Rs.5 000
7 TOTAL Rs.43,642 /- Rs.83,642l-
COMPENSATION
17 . In theresult, the Appeal is partly-allbwed by enhancing the compensationamount awardcd by the Tribunalfrom Rs.43,6421 - toRs.83,642l-.Except the said finding'the findings arrivedby the Tribunalwith regard to rate of interest and liabilityshall remain undisturbedThere shall be no order as to costs.
closed
Sd/. K AMMAJI ASSISTANTREGISTRAR
//TRUE COPY//
SECTIONOFFICER
To
2 One CC toSRl.J SANDHYA RANI,Advoca te [OPUC] 3 One CC toSRl, Y. KISHOREBABU ,Advocate [OPUC] 4 Two CD CoPies
PR
,
HIGH COURT DATED: 1910212025
JUDGMENT
MACMA.No.820 ot 2014
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PARTLY ALLOWED 7 /-,/ 5 1_/
[3253 ]
1 issue framed by the court
Whether the appellant/injured was entitled to enhancement of compensation awarded by the Tribunal?
2 provisions across 2 enactments
Smt Kanigiri Hema
B.Venkat Reddy
The Oriental Insurance Company Limited
M.G.Priyadarsini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
