Palki Nagendra Chary v. M/S Sainath Borewells And Another

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD M.A.C.M.A. NO.141 OF 2014 ORDER:

This appeal is preferred by the appellant/claimant questioning the Award of the Motor Accident Claims Tribunal-cumIII Additional District Judge (FTC), Nalgonda (for short, Tribunal) in O.P.No.808 of 2004 dated 12-10-2009, on the ground that the compensation awarded by the Tribunal is very meager. 2.

Heard.

3.

The Tribunal has passed a consolidated order by awarding compensation of Rs.1,00,000/- as against the claim of Rs.2,00,000/-. The claimant has not proved his case towards medical expenses and he has not proved his income by adducing any evidence.

4.

It is contended by the learned counsel appearing for the respondents that the appellant was a minor aged 17 years at the time of accident and he was not earning anything. 5.

However, having regard to the facts and circumstances of the case that due to the accident, the claimant has undergone pain and suffering and he required an attendant and it is reasonably presumed that he incurred expenses for treatment and medicines. Therefore, this Court feels that a reasonable amount of Rs.10,000/- granted towards medical expenses and also an amount of Rs.10,000/- towards pain and suffering and Rs.5,000/- towards attendant charges, total Rs.25,000/- would meet the ends of

justice. The amount awarded under other heads need not be interfered.

4.

Accordingly, the Motor Accident Civil Miscellaneous Appeal is allowed in part. Miscellaneous petitions pending, if any, shall stand dismissed. No order as to costs.

_______________________ T.AMARNATH GOUD,J Date: 09-11-2018 Shr