The High Court · 2025

Counsel for the Respondents: SRI N.NISSAN RAJ rep SRI R ANURAG (sc FoR rsRTc) The Court delivered the following: JUDGMENT HON'BLE SRI JUSTICE LAXMI NARAYANA ALTSHETTY M.A.C.M.A.No. 1O4O of 2015 JUDGMENT: This appeal is filed aggrieved by the award dated 31.05.2014, passed in M.V.O.P.No. 13 of 20 I I by the Motor Accidents Claims Tribunai [VIII Additional [)istrict Judge], Nizamabad (for short, 'the Tribunal').

2. Heard Sri S.Surender Reddy, learned counsel for the appellant/claimant and Sri N.Nissan Raj, learned counsel representing Sri R.Anuraj, learned Standing counsel for the respondents/ RT(). Perused the record.

3. Brief facts leading to filing of the present appeal are that on

20.O2.2OlO, at about 09.30 p.m., when the claimant was on his cycle in front of the bus-stand of Dharmaram (B), Nizamabad District, a RTC bi.rs bearing No.AP- 1 l-Z-1461(lrerein after referred as 'offending vehilce'), which was driven by its driver in rash and negligent manner and dashed the claimant, as a result, the claimant receivecl fracture of both bones of right leg and grievous injuries on head, waist and other parts of the body. The claimant waq_shifted to Government Hospital Nizamabad, where he was treated as inpatient from 20.O2.2OlO to 25.O2.2O1O and i LNA, J M.A. C. M.A.Na. I 040 of 20 I 5 thereafter, on 04.03.2010, he was shifted to private hospital i.e., 2 Ashwini Hospital, Nizamabad, wherein he underwent major operations on 05.03.2010 and discharged on 10.03.2010.

4. The police, registered a case in Crime No.37 of 2010 against the driver of the offending vehicle, for the offence under Section 337 of IPC.

5. The claimant has filed M.V.O.P.No.13 of 2O11 before the Tribunal seeking Rs.2,O0,000/- as compensation for the injuries sustained by him in the accident. It is contended that the claimant was aged about 26/27 years, hale and healthy and was earning a sum of Rs.15,0OO/- to Rs.2O,OOO/- per month by doing agriculture and also doing business in vegetables and milk, as on the date of accident. It is further contended that on account of the injuries sustained by him, he becarne disabled permanently and also lost earning capacity.

6. The respondents/ RTC has filed counter denying the averments made in the claim petition and contended that there was no negligence on the part of the driver of the offending vehicle, that the claimant sustained injuries only due to rash and i 3 LNA, J M.4.C.M.A.No.I040 of 20I s negligent driving of his cycle and that the claimant has filed ialse complainant against the bus driver for claiming cclmpensation.

7. Based on the aforesaid pleadings, the Tribunal has framed the following issues: "1. Whether th<t ctccident took place due to rash and negligent diuing of RTC ttus No.Ap j 1 2-1461 by its driuer? 2. tuhat amount ond fr<tm Luhich of the respondents? 3. Whethcr the petitioner is entitled for compensot[on? If so, to '[o tuhtrt relieJ? B. Before the 'lribunal, to substantiate the clairn, the claimant examined himserl'as pwl and also examined doct,r, who treated the claimant, as pW2 and Exs.Al to A27 u,ere marked. On behalf of the responde. ts, none was examined a',d no exhibit was marked.

9. The Tribunal, on due appreciation of oral and documentary evidence placed on record, uid.e order dated 31.05.2014, has partly allowed the claim petition and awarded a sum of Rs.l,1g,856/_ along with interesl at the rate of T.S,yo per arnum. Aggrieved by the sarne, the claimant has filed the present appeai for enhancement of cornpensation.

10. Learned counsel for the claimant had contended that though the Tribunal has observed that the petitioner losl income on . J I It- i i l ,*o,, M.A.C. M.A.No. I 040 ol 201 5 account of injuries sustained by him, no account was granted o towards loss of income; that the Tribunal has awarded meager amount towards future medical expenses; that the earnings of the claimant has not been properly considered and no proper compensation was awarded towards future loss of earnings and also pain and suffering. Therefore, learned counsel prays this Court to enhance the compensation.

11. Per contra, learned Standing Counsel for respondents/RTC had contended that on due consideration of oral and decumentary evidence placed on record, the Tribunal has rightly awarded just and proper compensation of Rs.1,lg,g56/-. Further, it is contended that the claimant has not placed any material to show that he has permanently disabled on account of the injuries I sustained in the accident and that in the absence of any material, the claimant is not entitled for future earnings. Finally, he had contended that there are no merits in the present appeal and the same is liable to be dismissed.

12. Perusal of the record would disclose that the claimant has sustained one grievous injury, two simple injuries in the accident. The Tribunal, basing on the material piaced on record, has come to a conclusion that the accident has taken place due to rash and I Y 5 I-NA. J neslisent drivirrg of the driver of the offend ,"['"Z{rt['!ii{ iK awarded a sum of Rs.35,0OO/_ towards pain arrd suffering and trauma for the injuries sustained by the c.laimant, in the considered opinion of this Court, the said amounl. awarded by the Tribunal is too meager and in view of the fracture and simple injuries sustained by the claimant, the claimant is entitled to a sum of Rs.50,000/ - towards pain and suffering.

13. Further, the Tribunal has rightly award ed a sum of Rs.48,856/- tor,r,:rrds meclical expenses as per the bills placed on record by the claimant and Rs.25,OOO/_ towards transportdtion, extra nourishmen I and attendant charges.

14. Though the Tribunal has observed that in the absence of any material evidence, the earnings of the petitioner as agricultural labourer is estimated at Rs.4,50O/_ per month, no amount was au,arcled tou/ards loss of earnings. Therefore, in view of the grievous injuries and simple injuries sustained by the claimant and bed rest taken by him for a period ol two months, the claimant is entitle. to Rs.9,OO0/_ towards loss of earnings for a period of two months. Further, the Tribunal has avzarded a sum of Rs.10,000/- tou,ards future medical expenses for removal of implants] hon ever, in the considered opinion of this Court the arnount is too meager and therefore, Rs. 15,OOO/-. Though the claimant claimed that he became 6 LNA' J M,A.C.M.A-No. I 040 of 20 I 5 the same is enhanced to n permanently disabled, no material is placed on record to show the disability. Therefore, in the considered opinion of this Court, the Tribunal has rightly considered the said aspect and the petitioner is also no entitled for future prospects.

15. Therefore, the claimant is eligible for the compensation as below: Sl.No. Name of the Head I

2. 3 4. 5

5. medical Pain and suffering and trauma Pain and suffering Medical expenses Future NSCS Transportation, Extra nourishment Attendant Charges Total Compensation awarded by the Tribunal Rs.35,000/- Compensation awarded by this Court Rs.48,856/- Rs. 10,0O0/- Rs.50,OO0/- Rs.48,856/- Rs.15,O00/- Rs.25,O0o/- Rs.25,O0O/ - Rs.1 18,855 Rs.1,38,855/-

16. In the result, this Appeal is partly allowed and the compensation awarded by the Tribunal is enhanced from Rs. 1,18,856/- to Rs.1'38,856/-. (a) The awarded amount shall carry interest at 7.5o/o per annum from the date of petition till tJle date of realization. /'t'/' LNA, J M.A.C.M.A.N1. I 040 of 20 I 5 (b) The respondents shall deposit the amount within a period of 1 eight (B) weeks liom the date of receipt of copy of the judgment. On such deposit. the claimant is entitled to withdraw the entire amount. There shall be no order as to costs. Pendin5l miscellaneous petitions, if any, shall stand closed. Sd/. A.SREENIVASA REODY ASSISTANT REGISTRAR //TRUE COPY'/ TION OFFICER Judoe at Nizamabad (With Records)

1. The chairman. Ilotor Accident claims Tribunal Vlll Additional District z onEcd to sRl. s SURENDER REDDY, Advocate-[oPUC] 5. il; cc io shr R ANURAG, standing counsel for TsRTC [oPUc] 4. Two CD CoPies \ To PR i,:t, Bs' HIGH COURT DATED: 1010112025 JUDGMENT MACMA.No.1040 of 2015 IHE S rA 14: F C o o o 21 l{Afl zffi * o,- C r,. -, r-r ra1 .,\i P P c) ,ir PARTLY ALLOWED b I [ 3383 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSANDAND TWENW FIVE PRESENT THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY MOTOR ACCIDENT CIVIL MISCELLANEOUS APP EAL NO: 1040 OF 2015 Between: Parakal sailu, s/o. Parkala Anantha Rao, occ: Agriculture, vegetabre and milk business, fuo. Dharmaram (B), Dichpally Mandal, Nizamabad Diitrict. AND ...APPELLANT/PETITIONER

1. Andhra Pradesh State Road rransport corporation, Rep. by is Managing Director, Musheerabad, Hyderabad.

2. Andhra Pradesh State Road Transport Corporation, Rep. by is Depot Manager, Kamareddy Depot, Nizamabad District I APSRTC bus No. Ap 11.2- 14611. t ...RESPONDENTS/RESPONDENTS Appeal filed under section 173 of Motor vehicres Act., against the Judgment and decree, made in o.P. No. 13 of 201 1, dated 31 -05-2014, on the fire of the chairman, Motor Accident claims Tribunal Vlll Additional District Judge at Nizamabad. 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 sRl. s SURENDER REDDY, Advocate for the appellant and of SRI N.NISSAN RAJ rep SRt R ANURAG, SC FOR TSRTb, Advocate for the Respondents. "::r-- -:7 - This Court doth Order and Decree as follows: 1 That the Motor Accident Civil Miscellaneous Appeal be and hereby is parfly allowed by enhancing the compensation award am'unt from Rs_.1,18,g56 to Rs.1,38,856/-;

2. That the enhanced amount shall carry interest at 7 so/o per annum from the date of petition till the date of realization;

3. That the respondents shail deposit the amount within a period of eight(g) weeks from the date of receipt of copy of the Judgme.lt;

4. That on such deposit, the craimant be and hereby is entifled to withdraw the entire amount; and

5. That there shall be no order as to costs in this appeal. //TRUE COPY// Sd/. A.SREENIVASA REDDY ASSISTANT REGISTRAR To J R OFFICER

1. The chairman, [r/!otor Accident craims Tribunar Vilr Additionar District Judge at N iza mabad. 2. fwo CD Copies PR V k HIGH COURT DATED: 1010112025 DECREE MACMA.No.1040 ol 2015 PARTLY ALLOWED a ) IDu-