The High Court · 2026

Counsel for the Appellant: Sri. Bobba Vijayalakshmi Counsel for the Respondent No.3: Sri R. Sridhar Counsel for the Respondent No.4: Sri V. Sambasiva Rao The Court made the following: JUDGMENT :.@Ew ,F / THE HONOI,'RABLE SMT. JTISTICE P.SREE fi IDHA M.A.C.M.A.No.3487 of 2oo9 JUDGMENT: This appeal is filed against the award and .'l , Iee Irassed in M.A.T.O. P. No.518 of 2OO1 dared 20.OZ.2OOS on ric fitc of thc Court of thc IV Additional District Judge (FI , _ l ) (N,Iotor Accidents Claim Tribunal), Khammam. 2- The Case of the petitioner is that he claimed ( rrpensalr()n ol Rs.1,00.000/- for the injuries sustained b,r rrrn in the accident but the Tribunal considering the evr<ir r <.r, tl botl-r sides, granted an amount of Rs.48,OO0/- with inrcr il a(r (.),,,0 pcr annum from the date of the petition till the dare : realization and aggrier.ed by the said order, this appeal is preri r r)d.

3. lt is stated by learned counsel for the pe(ili,r rer tlt:1t the Tribunal ought to have awarded Rs.3O,OO0/ rs clai:ned towards hospital charges instead of Rs.25,000, artd also 'averled that the Tribunal ought to have awardr ( the irctltal medical supported under Ex.A.4 instead of granr.in r Rs.6.000,1,. It is further averred that the Tribunal erred in i anting only Rs.6,OOO/- towards loss of earnings instea<l tf granting Rs.3O,OOO/ - when the petitioner categorically state I thar he w.as advised thrce months bed rest on the advise o[ I .W. L_l)octor who was examined on commission. It is further co tendecl that the Tribunal ought to have awarded Rs.25,O00/ r rwards pain I I : i I I I I I and suffering as the petitioncr suffered a fracturc injury to the spine which is a gricvous injury'.

4. The petitioner examined himsclf as P.W.1, the doctor was also examined through Commissioncr and marked documents as Ex.A.1 to A.6. Respondent Nos.3 arrd 4 hled Exs.B. i and

8.2.

5. In the appeal it is mainly contcnded that the petitioner sustained followi ng injuries: i. Compression Fracture Luntbar Spinc (L1) f.racture. ii. Multiple abrasions both tlpper and lower limbs. It is further contended t.Ilat the petitioner was admitted as inpafient on 09.02.2O00 and dischargcd on 29.O2.2OOO and he was advised not to work for a penod of threc months and after three months he was mobilized with Lumbar belts due to the fracture of spinal card, he was adlesed with electrical course lifc long and not to carrj. heary weights. It is stated that he spent Rs.30,0OO/- for medical and otlter expenses.

6. Heard learned counsel for the appellant/ petitioner and learned counsel for respondent Nos.3 and 4. Perused the entire evidence on record.

7. On pemsal of the record discloses that the Tribunal granted an amount of Rs.25,OOO/ towards injuries and this ) Court hnds that the Tribunal has granted a reason.r )le arnount. undcr tl-tis hearl and it needs no interference. The '' ibunal l.ras not grante(l a mount for medical bills as the br I i arc filed. Thercfore, this Court finds that it is just and reason I )lc t() gr.ir)t an amount Rs.6,823/- towards mcdical bills. Tht' ,r:tirrr;ner is further entitlt:d for grant of Rs. 15,000/- towar( r pain an<l suflering, Its. 15,O00/ towards loss of amenities, ls. 10,000/ - toq,'ards Tr:l nsportation, Rs. 1O,000/- tou,i r ls Extr:l nourishments and Rs. 1O,O00/- towards attendarlt: charges. It is st:rted that the petitioner was working as Senior I onstmction Foreman in .1. P.Transport TLC Division Palvoncha r nd clrat'ing a salary of Rs.1O,O0O/- per month but no/ r, ilness was examrned on the said ground. Therefore, corr idering his / occupation, this Court finds that it is just and ]l asonablc Lo take his income as Rs.S,OOO/- per month and as le sustained injuries he t.as advised to take bed rest for a per r I of six (U6) months and therefore, petiLioner is entitled for :. amount of Rs.30,OOO/ towards loss of eamings.

8. Thercfore, appellant/ petitioner is entir ( C for the compensation in the following terms: l 2 3 Loss occurred due to injuries l,oss o[ earnings Pain ald Suffering Rs 25,000/ R; )0,000/- R; l5,0OO/ I i I t \. 4 5 6 7 8 4 Inss of Amenities Rs- 15,00O/ Medical expenses For Transportation Extra nourishments Attendarlts Charges Rs.6,823/- Rs. I 0,OOO/ - Rs. l0,OO0/ Rs. I0,0O0/' TOTAL Rs.1,21,a23l-

9. In the result, the M.A.C.M.A is allou,cd by enhancing the compensation amount from Rs.48,OOO/- to Rs.l,2f ,823l- (Rupees One Lakh Twenty-One Thousand Dight Hundred and Twenty Three only) witJl interest at the ratc of 7.5V, per arnum from the date of filing the petitlon till the date of realization. Respondent No.3 is directed to deposit the entire arnount within a period of one month frorn the date ol judgment. On such deposit, the petitioner is permitted to rvithdraw the said amount along with interest accrued on it. Petitioner is also directed to pay deficit court fee on the enhanced amotrnt, There shall be no order as to costs. Miscellaneous petiLions pending, if any, shall stand closed. ,/TRUE COPY// '?I$*iHf HTE'EiRRT 6 SECTION OFFICER To, a AS/g 1 2 ., 4 5 h The Chairman' Motor Accident Claims Tribunal-cum- lV Additional Districtt ;;q;ii1'C-ili, xt'ammam With records' ir anv) - -. .^ :'r"""$'c [" 3i. rj"uu" vi;avatixsrrmi' Advocate [oPucl il; Ca io sri n.stionur,Advocate [oPUCl il ;a i; s;iV sambasiva Rao [oPUC] Two CD CoPies HIGH COURT DATED:18/03/2025 1 E STAII: l I 0 JAN 202$ ( -:- C c) \ ,i JUDGMENT+DECREE [ 2 DRAFTS I MACMA.No.3487 of 2009 ALLOWING THE MACMA WITHOUT COSTS. D} ?.L a [ 3208 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOU S APPEAL NO: 3487 OF 2009 Between: Veeramallu Ranga Rao, S/o. Veera Raghavalu Senior Construction Foreman in APIRANSCO TLC Divn R/o. Gattaigudem Village, Palvoncha Mandal, Khammam Distnct. ...ApPellanUClaim Petitioner AND

1. C. Seetharaman, S/o. Chengal Rayudu, Car Driver bearing No. AP - 10M- 5893, R/o. Manuguru Post and Mandal, Khammam District.

2. M/s. Giri.yapathi Reddy Engineer & Contractor, R/o. Manuguru Post and Mandal, Khammam District. 3 The United lndia lnsurance Company Limited, 2-1-114, M.G.Road, Secunderabad-O3 rep., through its Local Branch Manager, Khammam. 4. The National lnsurance Company Limited, rep., through'Local Branch Manager, Khammam, Wyra Road, Khammam. ...Respondents/ Respondents Appeal filed Under Section '173 of Motor Vehicles Act,1988 against the Order and decree in M.V.O.P.No.5'18 of 2001 daled.20l0712005 on the file of the Court of the Motor Accident Claims Tribunal-cum-lV Additional Districtt Judge(FTC-lll)' Khammam. This 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. Bobba Vi.iayalakshmi, Advocate for the Appellant and of Sri R. Sridhar, Advocate for the Respondent No.3 and Sri V. Sambasiva Rao for the respondent No-4. This Court doth Order and Decree as follows: That the Motor Accident Civil Miscellaneous Appeal be and hereby is allowed by enhancing the compensation amount from Rs.48,0001- to Rs-1'21,823t- (Rupees One Lakh Twenty-One Thousand Eight Hundred and Twenty Three only) with interest at the rate of 7.So/op.a. from the date of filing the petition till the date of realization; =..j '1&r- 2- That the Respondent No.3 is directed to deposit the e r tre amount within a period of one month f rom the date of Judgment;

3. That on such deposit, the petitioner is permitted to withrj aw the said amount along with interest accrued on it.

4. That the petitioner is also directed to pay deficrt court f )e on the enhanced amou nt;

5. That save as aforesaid, the Judgment and decree of the, lribLrnal shall stands confirmed in all other respects; and

6. That there shall be no order as to costs in this appeal. To, SECTION OFFICER 'l . The Chairman, Motor Accident Claims Tribunal-cum- LI Additional Districtt //TRUE COPY// 19 SD/- IlI JAWAHAR REDDY ASSI ;TANT REGISTRAR Judge(FTC-lll), Khammam.(With records, if any)

2. Two CD Copies ASigh % r' HIGH COURT DATED:18/03/2025 DECREE MACMA.No.3487 of 2009 ALLOWING THE MACMA WITHOUT COSTS. 0 0