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High Court for State of TelanganaMACMA/1777/2006dismissed

G. Ramulu R.O Khanpur (M), Adilabad Dist v. J. Sammaiah And Another

2019-10-29T.Amarnath Goud2 pages

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD M.A.C.M.A. No.1777 OF 2006 JUDGMENT:

Appellant-claimant filed this appeal against the Order and Decree dated 05.07.2006 in O.P.No.2 of 2003 on the file of the Motor Accident Claims Tribunal-cum-District Judge, Adilabad (for short, the Tribunal), whereunder the Tribunal granted an amount of Rs.23,079/- towards compensation along with interest @ 7.5% per annum as against the claim of Rs.1,00,000/- on account of the injuries sustained by the appellant in the motor vehicle accident occurred on 14.11.2002.

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 Ravi Shankar Jandhyala, 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 suffered one grievous injury i.e., fracture on right foot and three simple injuries i.e., one abrasion on left hand, two contusion injuries on right thumb and right shoulder. The appellant, though claimed that he suffered permanent disability, did not produce any evidence and examine the doctor in that regard. Basing on the above, the Tribunal awarded Rs.15,000/- towards fracture injury, Rs.3,000/- towards simple injuries, Rs.4,579/- towards medical bills and Rs.500/- towards transportation, 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 05.07.2006 in OP.No.2 of 2003. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

________________________ T.AMARNATH GOUD, J Date: 29-10-2019 TJMR