Kanepalli Nagamma v. Silveri Sarvesham

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD M.A.C.M.A. No.67 OF 2018 JUDGMENT:

Appellant-claimant filed this appeal against the Award and Decree dated 31.03.2017 in M.V.O.P.No.80 of 2016 on the file of the Motor Accident Claims Tribunal-cum-Principal District and Sessions Judge, Adilabad (for short, the Tribunal), whereunder the Tribunal granted an amount of Rs.28,000/- towards compensation along with interest @ 9% per annum as against the claim of Rs.50,000/- on account of the injuries sustained by the appellant in the motor vehicle accident occurred on 05.01.2016. 2.

The manner of accident and the injuries sustained by the appellant-claimant are not in dispute and the appellant challenged the impugned award only on the quantum of compensation awarded by the Tribunal. Therefore, this Court is not inclined to go into other details other than the quantum of compensation. 3.

Sri S.Surender Reddy, learned counsel for the appellant, submitted that the Tribunal erroneously granted meager compensation for the injuries sustained by the appellant and sought to enhance the same.

4.

Sri A.Ravi Bau, learned Standing Counsel for respondent No.2, submitted that the Tribunal passed a well reasoned order by appreciating the evidence adduced before it and sought to dismiss the appeal.

5.

As per Exs.A.2-injury certificate, A.4-prescription slip and A.6-X-ray film, the appellant suffered injuries on right leg, above right ankle and right chest. Basing on the above, the Tribunal awarded Rs.20,000/- towards injury, shock, pain and suffering, Rs.5,000/- towards medical expenses, extra nourishment, attendant charges, transport and incidental charges and Rs.3,000/- towards loss of earnings, which in the opinion of this Court, are just and reasonable. Hence, I see no grounds to interfere with the order of the Tribunal.

6.

In the result, the Motor Accidents Civil Miscellaneous Appeal is dismissed confirming the Award of the Tribunal dated 31.03.2017 in M.V.O.P.No.80 of 2016. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs. ________________________ T.AMARNATH GOUD, J Date: 26-12-2019 TJMR