High Court · 2025

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD [ 32s6 ] MONDAY,THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY MOTOR ACCIDENT CIVIL MISCE LLANEOUS APPEAL NO: 137 OF 2019 Appeal filed under Section 173 of tr/ V.Act, aggrieved by the order and decree dated 30.08.2018 passed in O.P.No. 1290 of 20'16 on the file of the Court of the chairman lvlotor Accidents claims Trihunal-cum-principal District Judge, Ranga Reddy district at L.B.Nagar, Hyderabad Between: Panditi Jayamma, wife of M.V.Subba Reddy, aged about 41 years, plot No.1291 and 129.2, Sai,Nagar, Ayyappa Society Road, Behind Sri Sai Baba Temple, Madhapur, Hyderabad. ...APPELLANT/PETITIONER AND

1. Mrs. Spoorthy Gona, wife of Thiru of the Car, r/o. H.No. 1-2-61, Plot Hyderabad, T.S., 500 073. pathi Rao, aged not known but Major, owner No.22, Flat No.301, lrlegrha Hills, Madhapur,

2. Shriram General lnsurance Company Ltd, H.No. Sai Datta Arcade, 4th Floor, Flat No.40'l and 402, Street No.6, Hihayath Nagar, Hyderabad, T.S., policy No 417017131116/006698 Valid From 29.12. 12to28.'i2 16 3 Sri Megha Vujjani @ l/eghana, aged about 24 years, Driver of the Car, r/o. at D No. 3-6-715, Santinilayam, Street No.1'1. Himiyathnagar, Hyderabad, T.S., ...RESPONDENTS/RESPONDENTS Counsel for the Appellants : SRI N. PARAMESWARA REDDy Counsel for the Respondents No.1 : Counsel for the Respondents No,2 : SRI A. RAMAKRISHNA REDDY Counsel for the Respondents No.3 : The Court made the following: JUDGMENT - - THE HONOURABLE SRI JUSTICE C.V.BIIASKA 1 REDDY M.A.C.M.A.No. 1 37 of 2Ol9 JUDGMENT: 'I'his appeal is filed by the appellant/ clair z 'rt aggrieved by the ludgmenL and dccree dated 30.08.20 I Passed in M.V.O.P.No. 1290 of 2016 by rhe Chairman, M(t )r Accidents Clarms Tribur-ral- cum- Frincipal District Judge, F rnga Reddy District at L.B.Nagar (for short'the Tribunal').

2. For the sake of convenience, hereinafter, tlr parties v"'ill be referred to as they'were arrayed before the Tribtt a[.

3. The brief facts of the case are that the cliL nanl filed a petition vrde MVOP No.1290 of 2016 on the ltle of Tribunal under Section 166 of the Motor Vehicles Act, ( 88 claiming compcnsation of Rs.1O,OO,O00/ for the injuries ustained by him in a motor vehicle accident that occurred on 2 ).03.2016 at about 10.45 a.m. lt is stated that while the clair ant and her son were proceeding on TVS Scooty bearing No.Al) 28 DD 1646 from Bharathiya Vidya Bhavan (ARR) school arLr when they reached near Ha:-ruman Temple, Madhapur, a To7 to Etios car bearing No.AP 28 DM 6450 driven in rash and negL lent manner and at high speed by the respondent No.3, dastt L tle scooty from behind, resulling in grievous injuries to t Le claimant. Therefore, the petitioncr and her son feil dorvn on the road and received grir:r,ous inrriries. rlho sr"rffered multiplc lr.ictllres in the le[t knee joint, left Ieg fingers and left hand. The petitioner was raken to Akshitha Diagnostic centre and thcn shifted to Ma;icure hospital, N{adhapur where POP was applie d to Lhe fractured injury and she rvas advised to undergo surgery and subsequcnily undenvent bonc setting treatment at Srr Sai Bh:rvani Bone Setting Centre, Ammajiguda.

4. Thc 1'r respondcnt, or,r'ncr o[ the vehicle, 2,"i rcspor]dent, Insurance Company and 3.d respondent, driver o[ lhe vehrcle, remained exparte be[ore the Tribunal.

5. The Tribunal. after considcring the oral evidence of PWs.I and 2 a-nd the documentary cvidence i.e, Exs.Al toA15, held that the accident occurred due to Lhe rash and negligent driving of the car drivcr and awarded a total compensation of Rs.9,16,875/- with interest at 7yo pet annum from the dale of petition till realization, holding respondents Nos. I to 3 jointly and severally liable to pay the compensation.

6. Heard both sides ald perused the record.

7. The learned counsel for the appellant contends that the Tribunal errcd in not awarding adequate compensation for pain +.lEit.i. i I l { i i I ! i i 3 and suffering and for future medical expense:j lr:spite thc evidence ol PU'.2 shorving 30%, perma_nent disab I t,, and the need for total knee rcplacement surgery. lt is al ;, submitted thal the rate of interest awarded is on the lowcr sid:

8. On [he othcr hand, the [e arned Sranding C t:r- .rsel for the responder.rt No 2/lnsurance Company supl)orrc( rhe awarcl passed by thc Tribunal aJld submitted that the r r lpensation granted is just and rcasonable and does l- rr warrant interfercnce.

9. The Tribunal, on proper appreciation of ev c :'rce, lound that Lhe accident occurred due to the rash and ncp,t gent driving of thc respondent No.3. It awarded compensation rr cter various heads, inclucling p;Lin ald suifering, loss of eiu r .ngs dunng treaLment, mr:dical expenses, and future medical t r ttment. The total compensation of Rs.9,16,875/- apperu s just and reasonable in thc circumstances, arld no cnlri ncement is warran tcd on ttrat count.

10. Hou,ever, insofar as the rate of interest is ct rt:erued, the Hon'ble Supreme Court in Rajesh and others v. lejbir Singh and othersr, held fhat ttre appropriate rate of r t,trest to l)c L 2013 ACJ 1403 - 2013 (4) Ar_T 35 - 4 awarded in motor accident cl.rim cases is 7.5% pcr annum. Hcncc. thc rate of interest air ardcd bv thc Tribunal at 7'ri, pr:r annum requircs mod ifica Liun.

11. In the result, this appeal is partly allowed. The award dated 30.08-2018 passed in Ir4.V.O.P.No. 1290 of 2O16 by the Tribunal is conhrmcd, exccpt for thc rate o[ interest, rvhich is enhanced from 796 lo 7 .Soh per annum from the date of pctition to till realization. TI.re resl of Lhe terms arrd conditions imposed bv the Tribunal rcgarding deposit and rvithdrat'al shall remain urlaltered.No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/- T.SRINIVASA REDDY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Judge, Ranga Reddy district at L.B.Naqar. Hvderabad.

1. The Chairman Motor Accidents Claims Tribunal-cum-principal District 2 One CC to SRt. N PARAMESWARA REDDYhdvocate [OPUC] 3. One CC to SRl. A. RAMAKRTSHNA REDDY Advocate [dpUC] ' 4. Two CD Copies GE/PSL M. aY* t,: ,..', $i t'\t r$t .4, ':' i-) j $'. ^ .-.-i, . \.. -- .') ) -'i-: HIGH COURT DATED:1O11112025 JUDGMENT MACMA.No.137 of 2019 PARTLY ALLOWING THE MACMA WITHOUT COSTS I q , IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD [ 32e6 ] IMONDAY.THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY MOTOR ACcIDENT CIVIL MISCELLANEOUS APPEAL NO: 137 OF 2019 Between: Panditi Jayamma, wife of lrr'l.V.Subba Reddy, aged about 41 years, Plot No.1291 and 1292, Sai Nagar, Ayyappa Society Road, Behind Sri Sai Baba Temple, Madhapur, Hyderabad. ..,APPELLANT/PETITIONER AND

1. Mrs. Spoorthy Gona, wrfe of Thirupathi Rao, aged not known but Major, owner of the Car, r/o. H.No 1-2-61, Plot No.22, Flat No.301, Megha Hills, Madhapur, Hyderabad, T.S., 500 073.

2. Shriram General lnsurance Company Ltd, H.No. Sai Datta Arcade, 4th Floor, Flat No.40'1 and 4O2, Street No.6, Himayath Nagar, Hyderabad, T.S., Policy No 417O17131l'l61006698 Valid From 29.12. 12lo28.12.16.

3. Sri. Megha Vujjani @ Meghana, aged about 24 years, Driverof the Car,rlo. al D.No. 3-6-715, Santinilayam, Street No 11, Himayathnagar, Hyderabad, T.S., ....RESPONDENTS/RESPONDENTS Appeal filed under Section 173 of M.V.Act, aggrieved by the order and decree dated 30.08.2018 passed in O.P.No. 1290 of 2016 on the file of the Court of the Chairman Motor Accidents Claims Tribunal-cum-Principal District Judge, Ranga Reddy district at L.B.Nagar, Hyderabad. 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 argument of Sri N. PARAMESWARA REDDY, Advocate for the Appellant and none appeared for Respondent No.1, and SRI A.RAMAKRISHNA REDDY, Advocate appeared for Respondent No.2 and none appeared for Respondent No.3- . :-a t4i This Court doth Order and Decree as follows:

1. That the Motor Accrdent Civil Miscellaneous Appeal be and is hereby parUy allowed.

2. That the award dated 30.08.2018 passed in M.V.O.p.t'r .1290 of 20.16 by the Tribunal is be and is hereby confirmed, except for the rlie of interest, which is enhanced from 7ok to 7.5o/o per annum from the c ate of petition to till realization.

3. The rest of the terms and conditions imposed by t r r Tribunal regarding deposit and withdrawal shall remain unaltered.

4. That there shall be no order as to costs in this appeal SD/-'- SRINIVASA REDDY ASSI] iTANT REGISTRAR lffrue Copyll l$,; OFFICER 1 . The Chairman Motor Accidents Claims Tribunafc L n-princioat Judge, Rangg Reddy district at L.B.Nagar, Hyderabad (with record, if anv).

2. Two CD Copies. GE/PSL - District N/ To HIGH COURT DATED:10/1 1/2025 DECREE MACMA.No.137 ot 2019 PARTLY ALLOWING THE MACMA WITHOUT COSTS \ \ rA l.