The High Court · 2025

1 C.K.KASIM AND ANR, S/o.Mr.Assainar, Aged Major, Occ: Owner of Lorry Beanng No.KA 01 AD 4786 R/o.D.No.KO.27110, MRP Lane Stones Street, Kalasi Palyam, Balagalore.

2. United lndia lnsurance Company Ltd, rep by its Divisional Manager, Divisional Office, PB No.313, Godown Road, Nizamabad Town (lnsurer of Lorry bearing No.KAO1 AD 47BO vide lnsurance Police No.100805/31/06329 valid from 1B 11 2003 1o17.11.2004). ...RESPONDENTS/RESPONDENT Counsel for the Appellant(s) : SRl. CH JANARDHAN REDDY Counsel for the Respondent No.1 : - Counsel for the Respondent No.2 : SRl. G. PURUSHOTHAM RAO The Court made the following: JUDGMENT THE HONOURABLE SMT. JUSTICE P.SFI DE SUDHA M.A.C.M.A.No. 1678 of 20lO JUDGMENT: This:rppeal is hled against the Order datc, 17.0S.2010 in O.P.No.986 of 20O5 passed by the Motor Act i lenrs Claims Tribunal-cum-VI Additional District and Ses;ions Judge (F.T.C), Nizamabad at Kamareddl,.

2. The :r1;pellant / petitioner hled O.P.No.!ri 6 of 2O0S, claiming t:ompensation of Rs.1.O0,000/ irr injuries sustained Ix. the petitioner in the road tr I fic accident occurred on 05. ll.2OO4. The Police, Bhiknoor registered a case in Crime No.123 of 2OO4

3. Learnecl counsel for appellant/ petitioner r; ated that on behalf of thc petitioner, P.W. 1 was exarrrined i,r .d Exs.Al to A7 were marked. R.W.I rvas examined anI Ex.B1 u,as marked on bcha-lf of respondents.

4. The Tria-l Court considering the oral anrl locumentary evidence granted Rs.7,O00/- with interest @ r>,1 per annum from the date of petition to till the datr, of deposit. Challenging the quantum of compensation as meagre, the petitioner has hled the present appeal. 2

5. Heard learned counsel for appellant. No representation on behaif ofrespondents. Perused the record.

6. Learned counsel for petitioner stated that though petitioner fi1ed Exs.A1 to AT,they were not considerecl and filed injury certificate under Bx.A4 and frled medical expenses for Rs.4O,000 l- and the same were not considered to grant compensation under the head loss of earnings and no amount was granted under extra nourishment. 7 . Petitioner has not examined the doctor. As per injury certihcate, he sustained two simple injuries. This Court frnds it reasonable to grant Rs.10,000/- for injuries, Rs.5,0O0/- towards pain and suffering, Rs.5,000/- for loss of amenities, Rs.5,00O/- for transportation, Rs.S,O00/- for extra nourishment, Rs.5,000/- towards attendant charges and Rs.5,000/- towards loss of earnings. B. Therefore, the appellant/petitioner is entitled for the compensation in the following terms: 1 c J 4 Injuries Pain and Suffering Loss of Amenities Transportation Rs.1o,O00/- Rs.5,OO0/- Rs.5,OO0/- Rs.5,OO0/- 5 €-t J Extra nourishment Attendarr t charges Loss ol earnings TOTAL ,ts 5,000/- Rs Ii,000/- )? s 5,OOO/ Rs. [O,OOO/

9. In the rcsult. the appeal is partl-y allou.erl v erhancing thc corr-rpcn sa t ion amoLu-r t lrom Ils../,OO0/ .r, I1s..10,000/_ (Rupecs l.-orLr. Thousand onLv) rvith interest : r the rate of

7.5(){, per annum from the clate of filing the petjlir n till clate of lcaLization. Respondent No.2 shall deposi the entire amount within a period ol one nronth {iorr the clate of reccipt of a copy of this orcler. On such ieposit the pctrtioncr is pemritted to t,ithc,lrau. the ertt re amount aLong ,"^,.ith interest accrued on it_ There r hall be no orclcr as 1o costs. Miscellaneous petitions pending, if anr,, shall stand ckrsed SD/..IJ JAWAHAR REDDY ,{slir siAr'rr REGlsrRlB- :f I rr r\' 1i ./TRUE COPY// \ ' \'a ,=ar,o* oFFICER To, 1 2 The Motor Accident Claims Tribunal-Cum-Vl Add\\D s :rict Judge' (Fast Track Court), Nizamabad at Kamareddy' One CC to SRl. CH JANARDHAN REDDY Advocate [: PUC] One CC to SRl.G. PURUSHOTHAM RAO' Advocate [O ']UC]

4. Two CD CoPies GE/PSL \C,'- -.,T]=E*L ::r-;-- HIGH COURT DATED:26i03/2025 JUDGMENT MACMA.No.I 678 of 2010 ( |1tr > r,4i-{ v2 0ti, ,l';1 * PARTLY ALLOWING THE MACMA WITHOUT COSTS *J.: .ofl G \(^ , '€ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY,THE TWENTY SIXTH DAY OF MARCH rWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANE OUS A PPEAL NO: '1678 OF 2010 Between: JALLA VINOD KUIVAR, S/o.Viiaya Rao, aged 25 years, Occ: Prtvate Employee, R/o.H.No.2-32, Dharmara Cheruvu, Ramayampet Mandal. At present residing at Kamareddy (V&M), Nizamabad District. ...APPELLANT/PETITIONER AND

1. C K.KASlt\4 AND ANR, S/o.Mr.Assainar, Aged Major, Occ: Owner of Lorry Bearing No.KA 0'1 AD 4786 R/o.D No.KO.27l10, luRP Lane Stones Street. Kalasi Palyam, Balagalore.

2. United lndia lnsurance Company Ltd, rep by its Divisional Manager, Divisional Office, PB No.3'13, Godown Road, Nizamabad Town (lnsurer of Lorry bearing No.KAO1 AD 47BO vide lnsurance Police No '100805/31/06329 valid from 18.'1 1.2003 lo 17 112004). ...RESPONDENTS/RESPONDENT Appeal filed under Section 173 of Motor Vehicle Act, '1988, aggrieved by the judgment and decree made in O.P.No.986 of 2005, dated 17.05.2010 on the fite of Motor Accident claims Tribunal-cum-Vl Addl. District Judge, (Fast Track Court), Nizamabad at KamareddY. 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. CH JANARDHAN REDDY' Advocate for the Appellant and none appeared for the Respondent No.'1 and sRl G.PURUSHOTHAM RAO appeared for Respondent No.2. "7 This Court doth Order and Decree as follows:

1. That the l\rlotor Accident Civil Miscellaneus Appeal rs he r :by partly allowed bv enhancing the compensatton amount from Rs.7,000i- iLr 1s.40.000/ (Rupees Forly Thousand only) with rnterest at the rate ol 7.5at, per annum from the date of filing the petition till date of realization.

2. Ihal the Respondent No 2 is hereby shall deposit the : rtire amount within a period of one month from the date of receipt of a copy r f thts order. On such deposit the petitioner is hereby permitted to withdraw tf ( entrre amount along with interest accrued on it.

3. That there shall be no order as to costs in thrs appeal lffrue Copyll SD/. N4 JAWAHAR REDDY .$qst ;rANr REGTSTRAR r\ SECTION OFFICER To

1. The l\,4otor Accident Claims Tribunal-Cum-Vl Addl Dir;. .ict Judge, (Fast Track Court), Nrzamabad at Kamareddy.

2. Two CD Copres GEiPSL Vt- HIGH COURT DATED:26/03/2025 DECREE MACMA.No.'1678 of 2010 PARTLY ALLOWING THE MACMA WITHOUT COSTS \t,eC"h Xo'