Kotha Lakshminarayana, v. Guntupalli Srinivasa Rao,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND FIFTEEEN PRESENT Between:

Kotha Lakshminarayana ... Appellant V/s.

Guntupalli Srinivasa Rao & Anr. ... Respondents

Counsel for the appellant : Sri V. Narayana Reddy Counsel for the Respondents: Sri R.K. Suri Dismissed for default Vide CO dt. 04/01/2012 R-2 appearance The Court made the following: [order follows] JUDGMENT :

None appears for appellant. Perused the material available on record with the assistance of learned standing counsel. At the outset, it is recorded that the learned standing counsel contends that hardly any case is made out for

enhancement by the appellant and the appeal is required to be dismissed. But the fact of the matter is that the learned counsel, who appears for the appellant is since no more, this court has to consider ordering notice to the appellant, who is admittedly a daily wage earner.

2. Having regard to these facts and also the quantum of compensation claimed in the appeal, the learned standing counsel has placed before the court all the relevant circumstances.

3. The Tribunal after accepting the grievous nature of injury Nos. 4, 6 and 7 and the resultant handicap to the appellant during the convalescing period and immediately thereafter granted a sum of Rs.10,000/- to each one of the grievous injuries. In my opinion instead of Rs.10,000/- to each one of the injuries Rs.11,500/- for each one of the injuries should be just and proper. The medical expenses granted are Rs.1000/- and in my considered view it can be enhanced to Rs.1500/-. After considering the enhancement on the above lines, while confirming the other findings, the total compensation payable to the appellant would be Rs.40,000/-, [ Rs.11500 x 3 = 34,500/- + Rs.500/- ] the other conditions remain intact.

4. Appeal allowed in-part. No costs.

5. As a sequel, miscellaneous petitions if any, pending in this MACMA shall stand closed.

___________________ JUSTICE S.V. BHATT

06/11/2015 I s L

Date: 06/11/2015 Circulation No.115 Court Master: I s L