Judgment · High Court · 2010

Judgment

This civil miscellaneous appeal is filed against the judgment and decree of the Motor Accidents Claims Tribunal, Ranga Reddy District, in O.P.No.821/2000. Petitioner-Claimant is the appellant.

#2. Heard.

#3. The case of the petitioner is that on 07.04.2000 at about

8.30p.m., when he was going on bicycle, near Chaderghat Bridge, a Maruthi Car bearing No.AP-12-4213 came in high speed from behind and dashed him, on account of which, he fell down and suffered fracture to his left thigh apart from other simple injuries all over the body. A case in Cr.No.174 of 2000 was registered for the accident. He was shifted to Osmania General Hospital, Hyderabad for treatment. He was earning Rs.3,000/- a month as carpenter. He spent huge amounts towards medical expenses. He claimed compensation of Rs.1.00 lakh. Second respondent insurance company filed counter denying the allegations of the petition. On the basis of above pleadings, the following issues were framed:

#1. Whether the accident had occurred due to the rash and negligent driving of the driver of Maruthi Car bearing No.AP-12-4213?

#2. Whether the vehicle involved in the accident is insured with the 2nd respondent?

#3. Whether the petitioner is entitled for compensation? If so, to what amount, and against whom?

#4. To what relief? On behalf of the petitioner, P.Ws.1 and 2 were examined and Exs.A1 to A4 were marked. On behalf of the respondents, No oral evidence was adduced, but Ex.B1 copy of policy was marked. On the basis of the material on record, the court below awarded compensation of Rs.44,283/-. Aggrieved by the same, the present appeal is filed by the petitioner-claimant.

#4. There is no dispute about the accident and the petitioner being entitled for compensation. The only question is with regard to quantum of compensation.

#5. Now, the point for consideration is, whether the petitioner is entitled for higher compensation?

#6. According to the petitioner, he suffered fracture of left thigh. The record shows that he was in Osmania General Hospital for about a fortnight as inpatient. P.W.2 is a private doctor, who examined the petitioner after he was discharged from Osmania General Hospital, according to him, he found evidence of fracture of neck of the left femur with operative scar and with screw fixation for the fracture. He found stiffness of left hip joint with decreased range of movements of left hip, on account of which the petitioner was unable to sit and squat with cross leg position.

#7. Considering the fact that the petitioner suffered fracture on vital part of the body, i.e. operandum of left thigh, this Court is of the opinion that apart from the compensation granted by the court below, granting another amount of Rs.20,000/- would be appropriate, which shall include the amounts towards pain and suffering and inconvenience suffered on account of the accident. Thus, I hold that the petitioner is entitled for total compensation of Rs.64,283/-, which was rounded up to Rs.65,000/- in stead of Rs.44,283/- awarded by the Court below. Interest on the enhanced amount of compensation shall be at 6% per annum.

#8. Accordingly, C.M.A. is partly allowed. No costs. ______________________ P. SWAROOP REDDY, J. 16th November 2010, Rns