Kunta Kumara Swamy v. 'l . Kota Venkateswar Reddy

Counsel for the Appellant: SRI GUDI MADHUSUDHAN REDDY Counsel for the Respondents: SRI A RAMAKRISHNA REDDY The Court made the following: JUDGMENT THE HONOURABLE SMT. JUSTICE P.SF:EE SUDHA M.A.C.M.A.No.6l of 2o24 JUDGMENT: This appeal is filed against the Order dated

12.O4.2023 in M.V.O.P.No.43 of 2O2 1 passed by the Chairman, Motor Vehicles Accidents Claims 'lnbunai cum Principal District Judge, Peddapalli

2. Thr: appeliant/petitioner filed M.V.O.P.No.43 of 2021, claiming compensation of Rs.6,OO,O00/- for injuries sustained by the petitioner in the road traffic accident occurred on 19.12.2016. The Police, Sulthanabad registered a case in Crime No.26 of 2016.

3. Lezrned counsel for appellant/ petitionr,r stated tl-rat on behalf of the petitioner, P.Ws. I and 2 w:re examined ald Exs.A1 to A14 nere marked. No oral and documentary evidence r.r,as adduced on behalf of respondenr,s

4. The Trial Court considering the oral and documerrtary evidence granted Rs. 1,60,788/- rvith interest @ 7.5% per annum from the date of petitron to till the date of deposit. Challenging the quantum of corrLpensation as meagre, the petitioner has filed the present appeal )

5. Heard both sides. Perused the record'

6. As per the evidence of P.W.2, he stated that Ex AT is the discharge summary issued b-v their hospital, Ex A8 is the bunch of prescriptions, Ex.Ag is bunch of diagnostic bills, Ex.A10 is O.P consultation receipt, Ex'A1i is IP admission receipt, Ex.A12 are t1-re bunch of Pharmacy bills purchased on their prescription from their hospital, Exs.A13 and A14 are the inpatient advance receipts issued by their hospital. He further deposed that after discharge he was advised to stay away from his professional duties for a period of 1O months and he u'ill have difficulty in ,"rralking on uneven surfaces for longer distances and he may have difliculty in climbing stairs and squatting'

7. Considering the nature of the injuries, this Court finds it reasonable to grant Rs.25,000/ - torvards injuries, Rs.60,OOO/- towards pain and suffering, Rs 25,000/- for loss of amenities, Rs. 10,OOO/- for transportation, Rs.1,O2,OO0/- for medical expenses, Rs'10,000/- for extra nourishment, Rs.10,0OO/- tou'ards attendant charges' As he was working as Cluster resource person at ZPHS, Srirampur and was earning Rs. 11,50O/ per month and he '' +.,rAa 3 could not have attended his duties for a lreriod of 1 0 months, l-his Court finds it reasonable to takr: his income as Rs.1 1,500/- per month and loss of earnings for a period of 10 months comes to Rs. 1,15,000/- (1l,5Ol x 1O) and Rs.30,OOC)/- towards removal of plants.

8. Therefore, the appellant/ petitioner is ent itled for the compensa.tion in the following terms: 1 2 a 4 5 6 7 8 9 Inj uries Pain and Suffering Loss of Amenities Transportation Extra nourishment Attendant charges Loss of earnings Medical expenses Removal of implants TOTAL Rs.t>0.000/- Rs.:15.000/ Rs.1)5.000/- Rs. rO,0O0/- Rs. 0.00o/- Rs. 0.000/ Rs.1 15,000/- Rs.1 02,000/- Rs.110,000/- Rs.3,87,OOO/-

9. In the result, the appeal is partly al1o.r,,,ed by enhancing the compensation amount from Rs;.1,60,788,/, to Rs.3,87,OOO/ (Rupees Three Lakhs Eighty Seven Thousand only) with interest at the rate of 7.5o/o per arrnum from the date of filing the petition till date of I I ti{+ri 4 realization. Respondent No.2 shall deposit the entire arnount within a periocl of one month from the date of receipt of a copy of this order. On such Deposit, the appellart/petitioner is permitted to withdraw the total amount along with interest accrued on it. There sha_ll be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. SD/.M.OSMAN ALI BAIG ASSISTANT REGISTRAR //TRUE COPY/I SECTION OFFICER To, I

2. 3 4 The Chairman, Motor Accident Claims Tribunal-Cum-the Court of the Prl oiitrlct Judge, PeddaPalli One CC to SRl. GUDI MADHUSUDHAN REDDY Advocate [OPUCI One CC to SRl. A RAMAKRISHNA REDDY Advocate [OPUCI Two CD CoPies rfr- TPKiPSL I l HIGH COURT DATED:0210412025 JUDGMENT + DECREE MACMA.No.61 of 2024 MACMA IS PARTLY ALLOWED ?A- .1Ok5 4 2) c :.< ) ..-..-.- .|.: -.- :i t/-.li .: ,-i:' s :/,\. '-..'. \,, itq - ' :!t ' ..' ll i r,'',:r.'i '- .v- '.::.\ ..4' .' HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD [ 3208 ] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 61 OF 2024 Between: Kunta Kumara Swamy, S/o. Chinna Pochaiah, Age. 32 yrs, Occ. Cluster Resource Person in MEO Office at Kalva Srirampur,R/o. Peddarathipalli, V/o. Kalvasrirampur Mandal of Peddapalli District ...APPELLANT AND 1 . Kota Venkateswar Reddy, S/o. Raji Reddy, Age.45 years,Occ. Driver-cum- Owner of Car bearing No. TS-02-EQ-3444, R/o.H.No.10-3-6241A, Mahernagar locality Karimnagar town and District.

2. Royal Sundaram General lnsurance Co. Ltd, r/by its Branch Manager (claims),Subramanyam building ll floor No.1 club house road, Anna Salai- 600002, Tamil Nadu.

3. Royal Sundarama General lnsurance Co. Ltd.,, r/by its Branch Manager, S.R.Nagar, D.No.7-1-621128 (16-3RT) Street No.3 Hyderabad. 500038 (Poly No.VHP/01249979- Valid from 29 12.2015 to 28 12.2016) ..RESPONDENTS Appeal filed Under Section 173 of Motor Vehicles Act against the Judgment and Decree dated 1210412023 passed in MVOP.No. 43 of 2021 on the file of the Chairman, Motor Accident Claims Tribunal-Cum-the Court of the Prl. District Judge, Peddapalli. The appeal coming on for hearing 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 arguments of Sri Gudi Madhusudhan Reddy Advocate for the Appellant and Sri A Ramakrishna Reddy, Advocate for the Respondents in MACMA.No.61 of 2024. / This Court doth Order and Decree as follows : 1 That the M.A C.M.A.No. 61 of 2024 filed by claimant lre and hereby is partly allowed by enhancing the compensation amount from Rs.'l ,60,7881 to Rs.3,87,0t101 (Rupees Three Lakhs Eighty Seven Thousand only) with interest al the rate of 7.5o/o per annum from the date of filing the petition till date of realization,

2. That the Respondent No.2 shall deposit the entire amount within a period of one month from the date of receipt of a copy of this order. On such Deposit, the appellanUpetitioner is permitted to withdraw the krtal amount along with interest accrued on it,

3. That there shall be no order as to costs SDI'.M.OSMAN ALI BAIG ASSiISTANT REGISTRAR //TRUE COPY// il\ t\ t SECTION OFFICER To,

1. The Chairman, Motor Accident Claims Tribunal-Cum{te Court of the prl District Judge, Peddapalli.

2. Two CD Copies (k TPK HIGH COURT DATED:02104t2025 DECREE MACMA.No.61 ot 2024 MACMA IS PARTLY ALLOWED ,1:\ fl €) utn;