The High Court · 2025

Learned counsel for the appellant submits tha I the Tnbr.: nal has awarded meager compensation which is arbitrary, iL r _:al, pervr:r se alcl contrarl/ to the principles laid down under th: motor accident compensation cases. The learned Tribunal failed r,: see that the appellant - petitioner has received fracture injuries in the ac:cident, permalently disabled, was inpatient for more th a r three months, incurred huge amounts for treatment thereby suffer e: lot of pain , failed to consider the medical bills hled in O.P. arrd has i s r not awarded re- surgery expenses. The Tribunal failed to see Ex.A4 , absent certificate issued by Deputy C.M.E, KK-1 incline, which shows,l at the appellant ] I I I 418 BRMR,J MACMA{No.3630 of 2008 petitioner was on leave lor 3 months 15 days due to the injuries sustained by him in rhe accident, Ex.Al4 _ pay slip which shows that the appellant - petitioner was earning Rs.9,032.30 per month, the appella.t - petitioner has lost earnings for about four months and prayed to enharce the amount.

9. Notice got issued to respondent No. I in the appeal is served on 73.12.2008 but he failed to appear.

10. Learned counsel for respondent No.2 submits that the learned Tribunal has properly appreciated tJ'e lacts of the case, rightly au,arded just compensation, no interference rs called for and prayed to dismiss the appeal.

11. Heard learned counsel on record, perused the material

72. Now the points for consideration are: (1) Whether the Tribunal has awarded just compensation to the appellant - petitioner, if so? (2) Whether the award passed by the learned Tribuna.l in O.P.No.204 of 2OO2, dated 26.12.2OO5 suffers from any perversity or illegality, if so does it require interference of this Court? sl8 BRMR,J !.1AC NlA. No.36 3 0 of 2008 Point Nos.l and 2:

13. Appellant has challenged the quantum in the a1r1r :rl.

14. As the appellant - petitioner was absent for dut- :;'om 05.06.200 I to 27 .O9.2OO| [Ex.Aa], the learned Tribunal conclu < 3d that he was entitled for Rs.16,500/- towards loss of earnings, ar, rded Rs.2,5OO/ - for the injuries and medical bills, ari'arded Rs.700/ t ,\\,ards transport expenses arrd awarded Rs.3,00O/- for one grievous i. r ury. In total the Tribunal has awarded Rs.22,70O / -.

15. Ex.A14 is the pay slip of the appellant - petitionlr May, 2O0 I which shows that his salary is Rs.9,r-) I l/-. Appellajrlt fbr the month of petitioner was not paid wages for period fro: O5.06.2O01 to 27 .O9 .2OOl as per Ex.A4 i.e., for a period of 3 c onths 22 days. Appellant is not cross examined with regard to Ex. A 1 I this Court is of the view that the salary of the appellant is taken I Rs.9,000/- per month, which will meet the ends of justice.

76. karned Tribunal has not considered Ex.A1 1 - fi r an amount of Rs. 1,6O0/-. Ex.A7 is the prescription medical biils for rl' Dr. K.Trinadha Rao, dated 15.07.2001 which is not matching with bill ated 20.I2.2OO4 for Rs-967.50 [Ex.A11]. The bill of Rs.191/- dated 25.01 2003 [Ex.A11] is also not considered in view of the fact that there is r r prescription to ,l I]R[,IR,J MACMA. No.3630 ol20Oa that effect. Bills for Rs.246l- dated 18.08.2001, Rs. 131/- dated 22.ll.2OOl and Rs. 130/- dated 0S.O9.200 1 [Ex.A11] which were issued by Dr.Ragava Rao, are also not matching with Ex.Ag - prescription of Dr.M.Raghava Rao dated 22.O7.2OO1. Hence, the learned Tribuna,l rightly has rightly not considered the aforesaid amount.

17. Ex.A12 - four X-ray brlls coupled ivith Ex.A1O _ certificate issued by Dr.Trinadha Rao of Aswani Orthopaedic Hospital goes to show that the appellant - petitioner undenvent surgery elsew,here four years ago and he requires re-surgery which may costs around Rs.2O,O0O/_. The learned rribunal has excluded the same from consideration as the certificate is incorrect. The said vieu, is upheld.

18. The learned Tribunal has not awarded just compensation to the appellant - petitioner under different heads claimed by him, hence this Court is of the view that he is entitted for compensation under the heads i.e., transportation to hospitaJ, damages to clothing, pain and suffering and for grievous injuries.

19. The calculation arrived by this Court is as under Sl. No. Nane of the head 1 Salary Compensation awarded by this Court Rs.9,OO0/- per I 7i8 I]RMR.J ltACl\1A No.3(i30 0f 2008 ' 2' 3. 4 J 6 s of pay for 3 months 22 days Rs..3 3 (,0Ot- I ()ne grievous injury 'l-'" Trzrnsportation to hospital Damages to clothing 1 Pain and suffering irI Rs.2 r t,OOr lRs.troo/- Rs. I r r-ro / Rs.2 r (r0O/ t , Rs.8-l 600/

24. The learned Trrbunal has awarded interest at 1l ( -ate of 7.3"h per annlrm, which has to be enhanced to 9ok as per the C:: . jsion rn thc case of Anjali and Others vs. Lokendra Rathod and othersr Jence, points are ansrr'ered accordingll'.

21. [n the resuLr, MACMA.No.3630 of 2O08 is part. allou,ed and the compcnsation ar,,'arded by the Tribunal is enhanced a s rnder: ) ) a) The impugned a',r,ard dated 26.12.2005 rassed in O.P-No.2O4 <':f 2OO2, stands modified. b) The compensation awarded by the Tribun d i.e , !s.22,ZOO l- is enhanced to Rs.89,600/- together with intere; rt the rate of 9al: per annum from the date of frling the letition till payment. c) The respondent Nos. 1 and 2 are directed to leposit the awarded amount jointly and severally with inter : I and costs 'zozz scc Orl-rn€ SC tf)8i] BRMR,J MACMA No 3630 of 200a less the amount already paid if any within a period of 6O days from the date of receipt of a copy o[ this judgment. d) Appellant - petitioner is permitted to withdraw the entire amount with costs and interest thereon without furnishing security. Interim orders if aly stands vacated. Pending miscellaneous application/ s if any shall stand closed Sd/- M.JAWAHAR REDDY ASSISTANT REGISTRAR //TRUE CCPY// SECTION OFFICER To pL Judge (FTC), Asifabad

1. The Chairman Motor Accident Claims Tribu nal-cum-lll Additional District 2. One CC to Sri. S Surender Reddy, Advocate [OPUC] 3 One CC to Sri Ravi Shankar Jandhyala, Advocate IOPUC] 4. Two CD Copies HIGH COURT BRMR, J DATED:2211212025 (vi" !iiATE \) C) L) ii 3 IEB zu[ -j. 'j JUDGMENT MACMA.No.3630 of 2008 PARTLY ALLOWED 6 atd,lu la,t" IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY THE TWENTY SECOND DAY OF DECEIVBER NruO THOUSAND AND T\^/ENTY FIVE PRESENT THE HONOURABLE JUSTICE B.R.MADHUSUDHAN RAO MOTOR ACCIDENT CIVIL MIS CELLANEOUS APPEAL NO: 3630 OF 2008 Between: Kasipeta Rajam, S/o. Ankush, aged about 44 years, Occ: Hauler Operator in KK- 1 Mine, R/o Bellampally, Adilabad District. ...APPELLANT/PETITIONER AND

1. Mr. Ashok Kumar Agarwal, S/o. Kishanlal Agarwal, (Major) Owner of the Lorry bearing registration- No.AP- 1 -206 R/o. H.No. '1 0-55. Near Srinivas Theatre, Mancherial,

2. The Unrted India lnsurance Company Limited, Represented by its Branch Manager, Branch Office, Mancherial, Adilabad District. ...RESPONDENTS/ RESPONDENTS Appeal filed under '173 of IVlotor Vehicles Act against the order and decree in M.V:O P.No.204 of 2002 dated 26 12 2005 on the file of the Cou( of the Chairman ltlotor Accident Claims Tribunal-cum-lll Additional District Judge (FTC), Asifabad. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Court below and the material papers in the MVOP and upon hearing the arguments of SRI S SURENDER REDDY, Counsel for the Appellant and of Sri. RAVI SHANKAR JANDHYALA, Advocate for the Respondent No.2. This Court doth Order and Decree as follows:

1. That the Motor Accident Civil Miscellaneous Appeal be and hereby is Partly Allowed and the compensation awarded by the Tribunal is enhanced;

2. That the impugned award dated 26.12 2025 passed in O P.No.204l2002 stands mod ified ,

3. That the Compensation awarded by the Tribunal i.e., Rr; to Rs.89,600/- together with interest @ 9% p.a from petition till payment, 42,70O/- is enhanced he date of filing the

4. That the respondents 1& 2 are directed to deposit the ar and Severally with interest and costs less the amou I within a period of 60 days from the date of receipt of a c: 5. That the appellant - Petitioner is be and hereby perrr entire amount with costs and interest thereon without fu'r 6. That save as aforesaid, the decree of the Tribunal sh;r all other respects; and

7. That the appella nt are entitled to costs of Rs 1 02 Respondent lrded amount Jointly already paid if any ry of this JLrdgment. tred to withdraw the rsh in g security stands conf rmed rn to be paid by the //TRUE COPY/i Sd/- l\ .JAWAHAR REDDY AS!i ;TANT REGISTRAR \-" SECTION OFFICER To

1. The Chairman Motor Accident Claims Tribunal-cum-ll \dditional Drstrict 2. Ttuo CD Copies Judge (FTC) Asifabad HIGH COURT BRMR, J DATED:2211212025 DECREE MACMA.No.3630 of 2008 PARTLY ALLOWED 6) 01- ia lx$