Devidas Bokul Shinde v. Smt. Pramila Devi Pandey And ANR

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD M.A.C.M.A. No.808 OF 2007 JUDGMENT:

Appellant-claimant filed this appeal against the Order and Decree dated 08.01.2007 in O.P.No.162 of 2004 on the file of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Adilabad (for short, the Tribunal), whereunder the Tribunal granted an amount of Rs.20,000/- towards compensation along with interest @ 7% per annum as against the claim of Rs.1,50,000/- on account of the injuries sustained by the appellant in the motor vehicle accident occurred on 29.01.2003.

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 Sandeep, counsel representing 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 Murtuza Farooqui, counsel representing Smt.Jonna Ramani, learned 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 Ex.A.2, injury certificate, the appellant sustained one grievous injury and one simple injury. Though the appellant claimed that he took treatment privately under Dr.Ravikanth, he did not examine the said doctor and no medical record was produced to prove the same. Apart from the same, Ex.A.6, the medical bills amounting to Rs.32,829/-, did not reflect the exact expenditure and were not supported by medical prescription. Considering the above, the Tribunal awarded Rs.15,000/- towards the injuries and Rs.5,000/- towards medical bills, 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 order of the Tribunal dated 08.01.2007 in OP.No.162 of 2004. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

________________________ T.AMARNATH GOUD, J Date: 12-12-2019 Shr