High Court · 2025

THE IIONOURABLE SMT. JUSTICE P.SREE SI'DIIA M.A.C.M.A.N o.3090 of 20Lt JUDGMENT: This appeal is frled against the judgment and decree passed in O.P.No.2139 of 2009 dated 23'08 201O on the file of the Motor Vehicle Accidents Claims Tribunal-cum-XlV Additronal Chief Judge (FTC), City Civil Court' Hyderabad' 2. An application was filed by the injured/ claimant before the Tribunal claiming compensation of Rs'1'5O'O00/- and the Tribunal considering tlle evidence on record granted an amount of Rs.2,93,O0/-. However, his claim is only Rs 1'50'OOO/- it was restricted to Rs.1,50,000/- with interest @) 7 '5% per annum fromthedateofpetitiontillthedateofrealization.Aggrievedby the said order, this appeal is preferred for enhancement' Learned counsel for the appellant contended that it is for 3. the Tribunal to grant just compensation and the Tribunal erred in restricting the amount' It is further contended that the injured also liled disabitity certiltcate which show-s that he sustained 5O% of partial and permanent disability and also sustained shortening of leg w'Hrch because of bone loss' His income was taken as Rs.3,OOO/- per month and his annual income comes to Rs.36,OO0/- (Rs'3,OOO/- X 12 = Rs'36'OO0/-) per annum. His age is shown as 53 years and thus multiplier was taken as "11" therefore by multiplying "11" to the annual i 2 lncome of the injured it comes to Rs.3,96,000/- (Rs.36,OOO/_ X 11 = Rs'3,96,o00/-). The Tribunal has taken disab,ity as so% artd thus he is entitled for Rs. 1,98,OOO/- [ Rs.3,96,0OO/_ X 5O/1O0 = Rs.1,98,0OO/_) towards loss of earnings and ttris Court frnds no reason to interfere in the said anount awarded by the Tribunal. The Tribunal granted an amount Rs.g1,OOO/_ towards medicar expenses and extra nourishment and this Court frnds no reason to modify the amount granted by the TriLrunal under ttris head. Apart from considering the injuries, this Court Iinds that it is just and reasonable to grant an amount of Rs.15,0OO/_ towards pain and suffering, Rs.1S,OOO/_ towards loss of amenities, Rs.1O,00O/_ towards transportation. Rs.1O,O00/- towards attendant charges, Rs.2S,OO)_ towards removal of the implalts and future medical expenses. As injured could not attend any other work for a period of six months and thus he is entitled for an amount of Rs.lg,OOO/_ (Rs.3,O0O/- X 6= Rs.18,0OO/-) towards loss of income. 4. Therefore, appellant is entifled for the compensation in the following terms: 1 [,oss of Earnings 2 Medical expenses and extra nourishment Removal of the future implants medical Rs. 1,98,O00/- Rs.81,O0o/- Rs.25,O00/- ,?:? I I i 1 i I 1 I l I I I 1 t I I I I 1 3 4 5 6 7 8 Pain and Suffering Loss of AmenrLres For TransPortation Attendants Charges Loss of income TOTAL Rs.15,000/ Rs.15,O0O/ Rs.1O,000/- Rs.1O,000/ Rs. 18,000 / - Rs.3,72,Ooo In ttre result , the M.A.C.M.A is allowed by enhancing the 5. compensation amount from Rs'1'5O'O0O/- to Rs 3'72'O00/- (Rupees Three Lakh Seventy Two Thousand only) inith interest at the rate of 7 -5'k per annum from the date of hling the petition tillthcdateofrealization.RespondentNo.2isdirectedto deposit the entire amount within a period of one month from the date of judgrnent On such deposit' the appeilant is permitted to withdraw the said amount along with interest accmed on it. Appellant is directed to pay deficit court fee on the enhanced amount' There shall be no order as to Miscellaneous petitions pending' if any' shall stand closed To, //TRUE COPY// ,.B,,',d-'+It?[iF secrfdr$orrrcen Motor Accident Claims Tribunal -cum- XIV Additional Chief 1 . The Chairman Judge, City Civil Court' (FTC)' Hyderabad' One CC to SRI' CHANDRAIAH SOMAVARAPU' Advocate IOPUCI One CC to SRl. N J SUNIL KUt\ilAR' Advocate [OPUCI 2 J

4. Two CD CoPies K -...#+*rF:-::r;-,r'.*'tP;.t__";;:-=ff-:3'tt'r*8i* - HIGH COURT DATED:2410312025 \;- r I A-,.i: ffi ct;: - :: al .:." !! -r- ',' ..']-) -,/.-' JUDGEMENT MACMA.No.3090 ot 2011 S9J '? J \ I i I i I I I I I ALLOWING OF THE MACMA WITHOUT COSTS / /,h Z [ 32081 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCID ENT CIVIL MIS CELLANEOUS AP PEAL NO: 3090 0F 2011 Between: Padigala Narasaiah, S/o.Lachaiah Business r/o.lVanthapuri [V], Alair [lM], Nalgonda District. Now FYo.L_B.Nagar, Hyderabad. AND .,.APPE LLANTiCLAIMANT

1. Vemula Laxminarayana, S/o.Kotaiah, Business Owner of Hero Honda splender fVlotor cycre No.Ap 20 N 5489 Engine No.02402 chassis No.62500 R/o.D.No.5-1 -220, Kavirajnagar, Khammam.

2. The oriental Insurance company Limited, rep by its Divsiionar rvranager Vide Police No.4314o1l311201012760 Varid From 04.08.2009 to 03.08.20.10, o/o.ilr Floor, Snehalatha, H.No.4-3-87, pb No.45, Greenlands, Bdgumpet, Hyderabad. ...respondents/Res pts Appeal filed under section 173 of M.V.Act against the judgment and decree dated 23-08-2010 in tr,{.V.o.p.No. 2'r 39 of 2009 on the fire of the court of the chairman lvotor Accident craims Tribunar -cum- XrV Additionar chief Judge, City Civil Court, (FTC), Hyderabad. ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the court berow and the materiar papers in the ttrlvoP and upon hearing the arguments of Sri chadraiah somavarapu, Advocate for the appellant and of None Appeared, Advocate for the Respondent No.1 and of N.J. Sunil kumar Advocate for the Respondent No.2.. This Court doth Order and Decree as follows: 1 JX;:lHy"tt Accident civil Miscellaneous Appeat be and hereby is ailowed, Jflxl;:ffilJforesaid' the decree of the tribunat shail stands confirmed in ail That there shall be no order as to costs in this appeal. - l I j I l I I i _w .,,, //TRUE COPYII ,=33fJ*'4Y3i[^=F To, .="r,8ilLrr,..o 1' The chairman Motor Accident craims Tribunar -cum- XrV Additionar chief Judge, City Civil Court, (FTC), Hyderabad. 2 . Two CD Copies GK I HIGH COURT DATED:2410312025 DECREE MACMA.No.3090 of 201'l ALLOWING OF THE MACMA WITHOUT COSTS

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