The High Court · 2025

Counsel for the Appellant: MR. K SRINIVAS ADVOCATE Counsel forthe Respondent No.2 : MR. R K SURI ADVOCATE The Court delivered the following: Judgment -v THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No.35 O3 of 2OO9 JUDGMENT: This appeal is filed against the Order dated 10.06.2001 in O.P.No.239 of 2OO2 passecl by the Motor Vehicles Accidents Claims Tribunal at Na,lgonda.

2. The appellant/petitioner filed. O.p.No.239 of 2OO2, claiming compensation oi Rs.1,5O,O0O/_ for injuries sustained bv thc petitioner in Lhe road traffic accident occurred on 11.01.20O2. The police, Nalgonda II_Town rcgister-ed a case in Crime No.7 of 2OO2.

3. Learned counsel for appellant/ petitioner stated that on behalf of the petitioner, p.Ws. 1. and, 2 were examined ar-rd Exs.Al to ,{6 u,ere markcd. No oral and documentan, evidence \\,as adduced on behalf of respondents.

4. The Triai Court considering the oral and documeotary evidence granted Rs.57 ,284 /_ with interest @l 9o/o per annum from the date of petition to till the date of deposit. Challenging the quantum of compensation as meagre, the petitioncr has filed the present appeal. 2

5. Heard learned counsel for appellant. representation for respondents. perused the record. No 6 . As per the evidence of p. W.2, doctor, petitioner sustained one grievous injury and he was admitted on 1l.OI.2OO2 and discharged on 12.O2.2002. petrrioner filed Ex.AS, a bunch of medical bills for Rs.2S,2B4l_ petitioner was earning Rs.3,500/_ per month.

7. Considering the naturc of the injuries, this Court finds it reasonable to gralt Rs.3O,OO0/- towards injuries, Rs.15,0OO/- towards pain and suffering, Rs.15,OOO/ for loss of amenities, Rs.10,000/_ for transportation, Rs.25,284 / - for medical expenses, Rs. 1O,O0O/ - for extra nourishment, Rs.10,000/- towards attcndant chargcs. As he was earning Rs.3,500/- per month, but he did not filed any proof to show his income, and hc might not have attended his duties for a period of B months, this Court finds it reasonable to take his income as Rs.3,SOO l- pe, month and loss of earnings for a period of g months comes to Rs.28,OOO/- (3,500 x 8) and Rs.4O,O00/- towards removal of plalts. J 8 Therefore, the appellant/ petitioner is entitled for the compensation in the following terms: 1 2 3 4 J

6. I Jz I () Injuries Pain and Suffering Loss of Amenities Transportation Dxtra nourishment Attendant charges Loss of earnings N4edical expenses Removal of implants Rs.30,000/- Rs.l5,0O0/- Rs. 15,000/- Rs.10,O00/- Rs.10,000/- Rs. 10,000/- Rs.28,000/- Rs.25,284 l- Rs.40,000/ - TOTAL Rs.1,83,284l- g. In the rcsult, the appeal is allowed by enhancing the compensation amount lrom I?s.57,284 l- to Rs.1,83,284/- (Rupees Onc Lakh trighty Three 'lhousand l'wo Hundred and Eighty Four only) with interest at the rate of 9oh per annum from lhe date of filing the petition till date of re:rlization. llcspondent No.2 shall deposit the entire amount within a period of one month frorn the date of receipt of a copy of this order. On such Deposit, the .rppcllant/petitioncr is permitted to withdraw the total amount along with interest accrued on it. The i i I n t 4 appellant/ petitioner 1S directed to pay the delicit court fee on the enhanced amount There shali be no order as to costs. Miscellaneous petitions pending, if -any, shall stand cio sed. To, //TRUE COPY// SD/. T. JAYASREE EPUTY REGISTRAR S N OFFICER

1. The Chairman lVotor Accidents Claims Tribunal - Cum - Principal District Judge, Nalgonda. (With Records)

2. One CC to MR. K SRINIVAS Advocate [OPUC] 3. One CC to MR. R K SURI Advocate [OPUC] 4. Two CD Copies Ai. MIVT HIGH COURT DATED:01 10412025 JUDGMENT + DECREE MACMA.No.3503 of 2009 '-rF SI i o c.:.. -t( t d* n U 1 STP <. .n ;*-' 2 DRAFTS i I I I i ! i I ' i ALLOWING THE MACMA WITHOUT COSTS @ 11 b }L g [ 3208 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE FIRST DAY OF APRIL irruo trousnND AND TWENTY FlvE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR A CCIDENT CIVIL MISCELLA NEOUS A PPEAL NO:3503 oF 2009 Between: Ii/ohd. Khaia Moinuddin, S/o Ghouse lVloinuddin' aged about 45 years' Occu iilE ;;;ii;"i,,]nvo. n*inol"ils-'i N'isonoa rown ' rr/andal & District' ...Appellant AND 1 2 tvl/s. Mimmenium Alcobe Limited, Flat No 30' 3'd Floor',Vasudha Residency H:"C;li##liib*'i"i"t tnl''ivr''"t'i'c'i a"i'ins No AP 10P- 8e58) The Nationla lnsurance company Limited, Rep..by its Divisional Manager' Rlj'dfi.ipii,;El'3i:q-s,taifuk;""*uiiavawada(Poricvcertiricate ...ResPonde nts Aooeal filed Under Section 173 of Motor Vehicles Actagainst the Order and decree in il':V:o:i.*;;i;;t;oo,o't"o' ioJooizoo4 on the rile or the court or the chairman MotorAccidentsClaimsfiO'"n"uf-C'--PrincipalDistrictJudge'Nalgonda' This aooeal coming on for hearing and upon p"r.11l-g^1ht orounds of appeal' the .ludonidnt and Decree ot tne iiiuinar anb trd material naters in the IvlVoP and uoo-n hearing tne argumentl di rt'r"i r3rirNriVAS' nouoiat" for the Appellants and 'i.il strii, AdrTocate for the Respondent No'2' trrid. )/ I i This court doth Order and Decree as follows: ,1 2' ^ IiflT"r:,:g?.;5,tTr3lrv) 3 l,Hr:f Motor Accident civil l\tliscellaneous appeat be and hereby is That the comoensation amount awarded by the Tribunar from Rs.57,2g4l- to Rs. 1,83,284l (Rupd;G;'L.ii,iEiii.,iiinree ;ithl;i;;i'i's'i" p' f,.",,1n;;;i;"i"i;tition fhousand and rwo That Respondent Noi. 2'sha, deposit the amount within a period of one month from the date of receipt oilopv iiirii]'tro.r: That on such deoosit, the appellanU petitioner be and hereby permitted to withdraw the tot;t amount rro"g ;iihlntdi6siaccrued on it; That the appe'anu,petitioner be and hereby is directed to pay the deficit court fee on the enhancea amount;- That save as aforesaid, the decree of the Tribunar Sha, stands confirmed in all other respects; and That there be no order as to costs in this appeal. //TRUE COPYII SD/. T, JAYASREE GISTRAR OFFICER

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7. To, '1 The chairman [\40tor Accidents craims Tribunar - cum - principar District 2. Two CD Copies Judge, Nalgonda. &,-' MMT HIGH COURT DATED:01 10412025 DECREE MACMA.No.3503 of 2009 ALLOWING THE MACMA WITHOUT COSTS 4 % I