Hospital, Mahabtrbnagar. Subsequentlr,, he was admitted and treatcC v. Tlrumbay Hospitail, Hycterabad. and again at Sun Shute Hospital

Counsel for the Appellants : SRI. J SANDHYA RANI Counsel for the Respondent No.1 & 2 : Counsel for the Respondent No.3 : SRI T. SANJAY K. SINGH The Court made the following: Judgment IN THE HIGH COURT FOR THE STATE OF TELAIII iITNA AT HYDERABAD THE HON'BLE SRI JUSTICE C.V.BHASKAR RE ] )Y M.A.C.M.A.No.15 of 20 19 DATE: 05.12.2025 Ee!Le-e- 4: Syecl Abdus Salanr ,,i, Sycd Abdr-rL Salanr llohannt'd I lus:;ain Siraik and two otlrers AND JUDGMENT: Appellant [ ] lpondentrl Berng not satisfied with the quantum of compensa i rn awardetl the judgmr:nt and decree dalerl 31 l0 201ti lassed irr M.V.O.P.No.456 oi 2016 b-\, thc Ch.rir mzrn, Motor Vehic r I Accidents Claims Tr-ibunal Curn VII Additional District Judge, M r aLbubnagar (hcrcinallcr relerred to as "the -l'ribunal"), the present ap1 r r has been liied bv the appcllar.rt claimant seeking enhancement.

2. The brir:f thcts of the case are that on 4,\0-2016, t 1 appellant- clairnant rvas riding his rnotor cyclc (TVS XL) bearirLg r:gistration No.AP 22 AH 679t3 lrorn Addakal village to Katavararn r, l rge thanda for dispatching post-cards in the course of his work ir: an Extra- Departmental Dclivery Agent under the Postal Departrne r . When he 2 rcclchcrl ncar Addakal Sub-Station on National Highway 44, a Bolero car Lrcaring registrarion No.AP 2t BE 9541 drrvc:n by i1s clriver rc. r(sllond(,lt No. I lL high specd and rn rash ancl trcghgcrrr tnilllna.r. dushcd to his r,<'hicle. As a rcsult of the collision, thc appcllirnL r:laimant fell dor"vn on thc road and sustarned scrious injuries to his riqht anlilc, elbow joint, lorchead, and head, arnong oLhcr iljurrcs. Il.Ir rnedia tcly, L[]!' cl.rinritnt was shilted to Governmcnt (ielteral Hospital, Mahabtrbnagar. Subsequentlr,, he was admitted and treatcC at multil)le hospitals i.e., lrom 04- 10 2016 to 07- 1O 2016 at SVS Hospital, Matrabtrbnagar, from 07-10 2016 to Og-lO-20i6 at Surl Sirir)e Hospital, Ih'dcrabad: frorn 16-lO-2016 to l9-]O 2016 ar Tlrumbay Hospitail, Hycterabad. and again at Sun Shute Hospital. Hvderabad during 19 l0-2016 to 24-10-2076, when he unrlerwenr surgery (ir)sertion of a steel-rod in his right leg) and various medical lreatmenls including hcad arLd elbolv.joint treatment. Staring th,1r prior to Lltc accident thc appellant-claimant was hale and healtlrr.. rr orking as a postal Extra-Departmental Delivery Agent and earning ti monthly rncome of approximatcly Rs.12,O0O/- and due to the said accident aDd conscquent injuries, he spent an amount of Rs.3,0O,000/- tow.trds medical expcnses and he rvas also subjecterl to mcntal agony and monetary loss and was advised to take regular follow-up treatmenr until healing, he ftled the aforesaid claim petitron bcfore thc Tribunal seeking compensation of Rs.8,OO,00O/ , against the driver, the owner and the insurer of the offending vehicle. 3 il. Belbre t hr: Tribrrnal. resl)()ndent Nos.1 and 2 did if Choose t,l llk' ('()unlcr. Rcspond(:nl No i r.e..,'irrrcr hlerl tount i :nying lh,- ri','crnt( nts ol lhi' r'l:rrIt pe tlt ion an-l r:ontenclctl thtrl l3 antoLl n t clairnc<i is cxr'cssrvc irncl pra-r'ctl to clrsrniss thc claim u r.on. Alie r corrsi<lerilg llrc oral ttncl documentarw evidcrrcc ol r cord, the Tribtrnal arvarrlt:rl torrI conpensation ol Rs.75,OO0/- v,, interest rii.

7.5(']/o pcr anrrr.r[t ir.t lavour of the a]lpclla nt-claimant. Ire prescr t appeal is filed sc<,l<ine cnhancernent oi tltc comprltsation l Corrsidr:rc d thc submrssrorts ol the lcarned cor r sel lor the f,.irties arld pcrrrsed tllc rccord

5. Thr:rr: is rro clisprrte rvith regarcl to the finding ol r: Tribunal that the .r.cci(l('rit rvas caused (lue to tlrc rash and negl!, I driving of thc car and tlrc liabilitl of resporrdents.

6. So far as thc nssessnl('ltt c oncerncd, a carehr[ (-'xami])ril ion o[ rlrranLurn of cor l tnsation s ol the record re..,, i : that the appellzlr.rr clarrrillt sLlstainecl grievous and sirnple r juries, hc under\4,eirt tr('irlrncnr from 0.1 10-2C,16 to 21 lO-2O1(, irr multiple hospitals ancl cvc-n Llndenven[ sLrr-gerr ancl that a disa]t i I certifica e rvas issucd inciicating 40% disabitity. Having considerecr I e pleadings, evidence on rc<'ord (rneciical l)ills / [rea( ment history/ \ rox copies, tlischargc sunlrrarLes, disabilit5, certillcate, salary certifi. le), and th€ principle of just compensation. this Court holds that I , appellant- 4 claimant is entitle d to the en hanced compensation under various 7 Havin( regard to Lhe severitr., surgcry and long lerm consequences, the gncvous injury sullercd by the appellanl_claimanL warrants higher compcns:rtion than Rs..+0,000/ grartecl by the Tribunurl ancl accordingl.y, it is cnhanced to Rs.60,0O0/_. Since there is evidence of laccrarions, repcated treatment and discomlort, the amount au,ardecl towarcls simple inluries is enhanced from Rs.1O,O00/ to Rs.20.00O/ Having rcgard to the pain lrom the trauma, prolongcd hosprtalization, surgeries, Ioss of mobilit5z and discomforl, thc an.rount awarded tos'ards mental agony is e nhanced from Rs.l0,0OO/ to Rs.25,OO0/ . So far as the loss of income for two months, since salary ccrtrficate shows Rs_12,O00/ per month and the appellant-claiman[ $,as out of work due to hospitalization/surgery, lhe amount of Rs.10,OO0/- ar,.,arded by the Tribunal is enhanced to Rs.25,000/-. The amount of Rs.5,000/- au,arde<1 towards extra nourishmcnt is also enhanced to Rs.25,OO0/-. Even though the original bills wcre not produced. sir-rcc xerox copies of bills/ prescriptions are otr record and there is no evidence of fabrication, this Court is of the opinion [hat a reasonable amount must be awarded lor rnedical cxpenses and accordingly Rs.50,O00/, is granted under thal head. Further, 40% disability certificate issued by qualified Medical Officer cannot be ignored and compensation towards disability must be granted, as it impacts future earning capacity and @ 5 qlrillity of life and accordingly, this Court grants ar rmount oI Rs 1.OO,000/. towa|ds disabilitl'. Thus, the total c I rrpensatiorl p:r.,,able to lhc appe lltrn t-clainra nl is labtll.rt(rd as undcr: l s1. No. 2 J .+ 5 t) Name of the Head Grievous lnjury Simple irl urie s Nlenttrl Agon-r, Loss of carnings Ex[ra Nounshment Xleclical e xpc nd itur-e Disabilitr. Total Compe 1 ,ittion Arnor rrt t.60,000 t 20, oo0 i t 2 5,000 i ,s,q9q I 25,OO0 ) 0,000 Fas. .00,000 Rs i ,()5,OOO

8. In r:hc rcsult. this appeal is partlv allowcd eLnd the ( ( rtpensatio|r au'arded by the 'l'ribunal is enl.ianced itom Rs.7 ) 0OO/- tr Rs.3,O5.000/ with Lnterest ll 7.5'% pcr annum fror.n I e date ol petition till the date of realization Thc rest of thr rerms and conditions imposed bv thc Tribr.rual shall remaiu unaltr: r l. No order a-11 Lo costs As a sequel, thc mrsccllancous petitions pendlnll any, shall stilnd closed. SD/- A.H.S GOWRI SHANKAR ASS I I'ANT REGISTRAR //TRUE COPY// JECTION OFFICER To, lVlahabubnaga r. (with records if any) 1 The Motor Vehicles Accidents Claims Tribunal-cum- \/ll \ddl.District Judge, 2. One CCto SRL J SANDHYA RANI Advocate [OPUC] 3. One CC to SRl. T SANJAY K SINGH Advocate [OPUI3] 4 Two CD Copies GE/PSL N --_ i : i- HIGH COURT DATED:05/1 2/2025 JUDGMENT MACMA.No.15 of 2019 t '" i., t: ' 09 fir I 026 /,\ ' : 4i) Q t) ) ',|$.y.i{ f: * \ 'u : i \ / PARTLY ALLOWING THE MACMA WITHOUT COSTS IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD [ 32e6 ] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 15 OF 2019 Between SYED ABDUS SALAI\iI @ SYED ABDUL SALAM, s/o Syed Mahamood Ali, Age 57years, Occ Ex-Worker iin Extra Departmental Deltvery Agent in Postal Department in Addakal, 8.O., Addakal, r/o Addakal village and tr,4andal, Mahabubnagar District AND APPELLANT/CLAIMANT

1. MOHAMMED HUSSAIN SHAIK, S/o Shaik Nanne Sab Age 37 years, Occ Driver of Bolero Car No AP 21 BE 9541. r/o H.No 2131-47 , Enakadla village. Banaganapally Mandal, Kurnool Distr ct 2 M/s Sree Jaya Jyothi Cement Ltd. represented by its owner R JagaryradE Rao s/o not known, Age l\rlajor, Occ Owner of Bolero Car No AP 21 BE/9541, R/o Srrnagar Yanakandla village. Banaganapalli Mandal, Kurnool District.

3. The New lndia Assurance Co. Ltd represented by its Divisional Manager, Opp Modern High School, Mahabubnagar town. ...RESPONDENTS Appeal filed under Sectron 173 of M.V.Act, aggrieved by the order and decree dated 31-10-2018 passed in O P No.456/2016 on the file of the Court of the Motor Vehicles Accidenls Claims Trtbunal-cum- Vll Addl.Distnct Judge, Mahabubnagar. This appeal coming on for hearrng and upon perusing the grounds of appeal, the judgment and Decree of the Lower Court and the material papers in the case and upon hearing the argument of MS J. SANDHYA RANI, Advocate for the Appellants and none appeared for Respondent No.1 & 2 3SRl T. SANJAY K SINGH Advocate appeared for Respondent No.3. This Court doth Order and Decree as follows:

1. That the Motor Accident Civil Miscellaneous Appeal be and is hereby partly allowed.

2. That the compensatlon awarded by the Tribunal be anrl i hereby enhanced from Rs.75,000/- to Rs.3,05,0001 with interest @7.5o1' F :' anrrum from the date of petition till the date of realization.

3. That the rest of the terms and conditions imposed b / lhe Tribunal shall remain unaltered 2 That there shall be no order as to costs in this appeal lI(ue Copyll SD/. A.H.S - JOWRI SHANKAR REGISTRAR ASSIIi "qNT i-7' I I:CTION OFFICER To Mahabubnagar. (with records tf any) 1 The Motor Vehicles Accidents Claims Tribunal-cuni- V | / ( dl Drstric: Judge, 2 Two CD Copies. GE/PSL e HIGH COURT DATED:05/1 2/2025 DECREE MACMA.No.15 of 2019 PARTLY ALLOWING THE MACMA WITHOUT COSTS 0