The High Court · 2025

Counsel for the Appellant: Sri E. Kishore Kumar Counsel for the Respondent No. l: None Appeared Counsel for the Respondent No. 2: Sri T. Sanjay K. Singh Counsel for the Respondent No. 3: Sri N. Vasudeva Reddy The Court delivered the following: JUDGMENT w ,/ 2 HON'BLE SRI JUSTICE C.V.BHASKAR RF)] IDY M.A.C.M.A.No.229 oI 20L9 JUDGMENT: Beir-rg not szrtisfled with the quantum o[ comper : rtion :lrvarrdcd the order and decree dated 15.11.201ri passcd in M.V.O.P.No.1825 of 2Ol4 by the Chairman, Motor Ar, idents Claims Tribunal-Cum-Chief Judge, City Civil Court H1,dcr:rbad (hereinafter referred to as "the Tribunal"), t1 e prcs: rt appeirl has been llled by the appellant-claimant seeking enhanccr r .nt.

2. The briel lacts of the case are'that on 06.05 2 )14 rvhile thc appellant-claiman t was proceeding on his pulsar bikr: I earing No AP- 05-BD-1270 from his office to residence and eached near Thondupally Railway Bridge on NH-44, an APSR'I bus bea r-ing No.AP-22-W-8140 being driven by its Driver with h th speed in a rash and negligent manner dashed to the bike and i, a result, the appellan[-claimant sustained bleeding grievous injurit ; on his right I.g. Immediately, thc appellant-claimant was shiil cl to Tritlent Hospital. Sharnshabad and thereafter, to NIMS Hos I tal for bcLter trcatment and the petitroner underwent surgery lirr thrice. The Police, Shamshabad registered a case in Cnme No.135 ,f 2O 14 under Section 337 of tPC against the driver of APSRTC btL: Stating that the appellant-claimant spent Rs.73,345/- towards rn. lical bills, he \.. 3 was aged 22 years as on the date of accident and working as Ofhce Coordinator in Pharmula Academy, Ameerpet, Hyderabad and earning Rs.S,500/- per month, he filed the aforesaid claim pchtion before the Tribunal, seeking compensalion of Rs.lO,OO,OOO/_ along u,ilh intcrest @ 9o/. per annum from the datc of the accident till the date of realization of the amount.

3. Before the Tribunal, the respondent No.1 remained ex ytafte. Respondent Nos.2 and 3 i.c., ir.rsurer and rhe corporatiorr filed scparate counters denying ttte averrnents of the clarrn petilrorr and contended that the amount claimed is excessive and praycd [o dismiss the claim petition. After considering the oral and documentary evidence on record, the Tribunal awarded total compensation of Rs.5,0.5,700/- wrth interest (i 7.So/o per ar1num in favour of the appellant-claimant. The present appeal is filed seeking enhancement of the compensation.

4. Considered the submissions o[ the lcarned counsel for the parties and perused the record.

5. There is no dispute wrth regard to the Iinding ol the Tribunal that the accident was caused due to the rash and negligent driving of the bus and the liability of respondents. 4

6. So far us Lhe assessment of quantum of corr :ensatir-rn is concerned, a careful examination of the record rcrt rls that the appcllant-claim:rnt suffered grievous injuries, such as t r -r sh injurl' to right fbot and ankle, extensive soft-tissue damage, mu]l ple surgel ies includir.rg debridement, external hxation, skin graftrng. Lnd rcpeatcd hospitalization s. He lost lunctional use of right 1or', r limb to a considerable cxlcnt. The severitv is evident from m' iical records (Exs A3, A.4, AS ald 49).The Doctor (PW3) assess('! permaner-tt disabrlitl, at 52o/. of the right lower limb (Ex.A6). Thoug r the Tnbunal rejcctcd Er,A6 on grounds of lack of identity marks t the pcrson with disabilit1,, the fact remains that the injuries vere sev(:re, requrled multrple surgeries and may entail restrictcc mobility rn fu turc.

7. . Thus, havrng regard to the multiplicity of : r grievous nature of injurres, the certihed medical rl rger-ies, rhe sabilily, the yolrthful age of the appellant-claimant, and ttre lonl: [uture Iike Iy affectcd life, this Court is of the opinion that the appc L) rnt-clairnant is entitled to enhanced compensation under diffeienl heads. l'he amount granted by the Tribunal towards injuries sust Lined b1, rhe appellant-claimant needs to be enhanced from Rs..l 0o,oo0/- ro Rs.4,00,00O/-. Keeping in view the trauma, mental nd physical shock (past and future), enduring disability, restricted r robility. krss of comfort, thc amount of Rs.40,00O/- awarded by he Tribu:ral 5 ,) under rhe head of pain and suffering can be enhanced to Rs.2,00,000/-. Further, having regard to the loss of anticipatron of lull normal Iife, including inabLlity to Iead Iilc \.r.r rh full rnobrlitr., rcstrrctiolls ol1 marital-lile activities, t]' c amount o1 Rs.4O.0OO7,_ granted by the Tribunal towards loss of amenities is enhanccrl to Rs 1,50,000/-. The amounts grantcd by the Tribunar under others heads i.e., Rs.20,000/- and Rs. 10,000/_ towards transportatron and cxua nourishment are enhanced to Rs.3O,O00/_ and Rs.20.O0O/- respectively. Further, the amount granted by the Trrbunar torvards mcdical expenscs at Rs. 1,44,754/_ and Rs.5l,OOO/_ rorvards k:ss of earniugs can bc maintained. Thus, the Lotal compensatron pavablc to the appellant is tabulated as under: sl. No. I 2 3 4 5 6 7 Name of the Head Injuries Pain and Sufferin Loss of amenities Transportation Extra Nourishmeni Medical bills Loss of earnings Total Compensation Amount Rs.4,00,000 Rs.2,00,000 Rs. 1,50,000 Rs.30,000 Rs.20,0OO Rs. 1,44,754 Rs.51,00 Rs.9,95,754 (Rounding off to Rs.1O,OO ooo/-

8. ln the result, this appeal is allowed and the compensation awarded by the Tribunal is enhanced from Rs.5,0S,7OOl- to Rs. 10,00,000/-. The enha,ced compensa[ion shall carry interest ar 6

7.Sok per annum lrom the date of petition till the dat , of realizarion. Thc rest of lhc tcnns and conditions imposed by thc Tribunal shall rcrnarn trnallcrt ri No order as to costs. As a scclLrcl, the m rscellaneous petitions pend r q, il anr,, shall stand closcd Sd/- I\1 JAWAHAR REDDY ASSI ;TANT REGISTRAR \j:,_ SECTION OFFICER ,TRUE COPY// To,

1. The Chairman, IVlotor Accident Claims Tribunal-Cum-tl rief Judge City Civil Courts at Hyderabad.

2. One CC to Sri E. Kishore Kumar, Advocate [OPUC] 3. One CC to Sri T Sanjay K. Singh, Advocate [OPUC] 4. One CC to Sri N Vasudeva Reddy, Advocate [OPUC] 5. Two CD Copies KV a ) \v E0 ,,r1 \t$ rs q'.a - o G' / 7, . . L nr,,",- l r-/i:. -' =_a,;:. HIGH COURT CVBR, J DATED: 2811112025 JUDGMENT MACMA.N o.229 of 2019 PARTLY ALLOWED WITHOUT COSTS IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY EIGHTH DAY OF NOVEIVBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY MOTOR ACCIDENT CIVIL MISC ELLANEOUS APPEAL NO: 229 OF 2019 Between: Medishetty Surya Venkata Durga Ganesh @ M.Ganesh, S/o _ Medshetty Venkateshwara Rao, Aged about 22 years, Occupation. Office Coordinator, Rl/o H.No.MlG 129, Madhuban colony, Kattedan, Rajendra Nagar, Ranga Reddy District-50O O77. ...APPELLANT/PETITIONER AND 2 1 Shaik Amjad, S/o Shaik Moinuddin, Aged about Major, Occ. Owner of the Bus bearing No.AP22WB140. Rl/O Door No.4-9-1 7, lvlarket Road, Narayanapet, Mahabubnagar District-5092 1 0. The New lndia Assurance Co. Ltd., Rep.by its Senior Divisional Manager, Motor Third Party Claims Hub, Door No.5-2-17412, Madan Mohan Building, R.P. Road, Secunderabad 500003, Policy number-61'1 501 3'l 1 30 1 00002027, Period of cover on 3-7 -2013 lo 2-7 - 2014 Telangana State Road Transport Corporation, VC and MDs Office, Bus Bhavan, Musheerabad, Hyderabad - 500020. (Bus bearing No.AP22WB140, Ir,4ahbubnagar Depot.) 3 ...RESPONDENTS/RESPONDENTS Appeal filed under Section 173 of MV Act against the order dated the 1sth day of November 2018 made in tvl.V.O.P.No.1825 of 2O14 on the file of the Court of the Chairman, Motor Accident Claims Tribunal-Cum-Chief Judge City Civil Courts At Hyderabad. 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 case and upon hearing the arguments of Sri E. Kishore Kumar, Advocate for the appellant, Sri T. Sanjay K. Singh, Advocate for the Respondent No. 2, Sri n. Vasudeva Reddy, Advocate for the Respondent No. 3 and none appeared for Respondent No. 1 either in person or by Advocate. This Court doth Order and Decree as follows

1. That the Motor Accident Civil Miscellaneous Appeal br allowed by enhancing the compensation amount fronr and hereby is partly Rs 5,05,700 to Rs 10,00,000/-;

2. That the enhanced compensation amount shall carry rterest at 7.54/o pet annum from the date of petition till the date of realizatior, 3. That the rest of the terms and conditions imposed by th. lribunal shall remain unaltered;

4. That save as aforesaid, the decree of the Tribunal shall r tand conf irmed in all other aspects; and

5. That there shall be no order as to costs in this appeal. Sd/- NI JAWAHAR REDDY ASSI ;TANT REGISTRAR \,2 SECTION OFFICER //TRUE COPY// To, 1 2 The Chairman, Motor Accident Claims Tribunal-Cum-,_ rief Judge City Civil Courts at Hyderabad. Two CD Copies K a HIGH COURT CVBR, J DATED: 2811112025 DECREE MACMA.N o229 ot 2019 PARTLY ALLOWED WITHOUT COSTS