The High Court · 2025

Counsel for the Appellant: Smt. K. Rajitha Counsel for the Respondent No. 2: Sri Ch. Ravinder (Not present) The Court delivered the foltowing JUDGMENT: THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No .3 416 of 2OO9 JUDGMENT: This appeal is filed against the order of the Tribunal passed in O.P.No.74O of 2OO7 dated 03 O2 2OO9 on the {ile of the Court of the Chairman, Motor Accidents Claims Tribunal' (District Judge) at Nalgonda. 2. Heard learned counsel for the appellant/ petitioner' No representation on behalf of the respondents ' Injured-claimant filed application claiming compensation 3. of Rs.2,O0,O0O/ for the injurics sustained b1' him in the accident. The Tribunal considering the entire cvidcnce on record granted an amount of Rs.68,200/- r'vi lh intcrest @ 7 '5o/o per annum from the date of petition till the date of realization' Aggrieved by the said order, this appeal is preferrecl'

3. I t ls stated that the Tribunal grante d meagcr amounts rvithout considering his age and profession and no amount was granted under Pain and Sufferring, Medical Expcnses, Extra Nourishment. Attendant Chargcs and therefore requested this Court to enhance the compensation.

4. As per Ex.A.3/medical certihcate, pe titioner-injured sustained r,l'ound contusion of right leg and the note of the doctor reads there is an grade-Ill compound fracture of both bones right leg and the injury is opined as grievous' Ex A 5 is .7 2 the discharge bill issued by Mother Therelsa Orthopedic Hospital, Devarakonda for Rs.34,200 l- and Ex.A.6 consists of bunch of medical bills for Rs.9,442/-. p.W.3 is the Civil Assistant Surgeon Specialist (Ortho) in Government Head Quarters Hospital, Nalgonda issued Medical Certificate and he stated thal the injured sustained 10%o permanent disability. Ex.A.8 is the certified copy of Disability Certificate. 5. On perusal of the entire record discloses that the petitioner rvas aged 24 years as on the clate of accident and rvorking as labourer and earning Rs.4,0OO/- per month. Therefore, this Court hnds that it is just and reasonable to take income of the deceased as Rs.4,OO0/ per month and his annual income comes to Rs.48,O00/ (Rs.4,OOO/- X t2: Rs.48,OOO/-). As per Ex.A.8 injured sustained 10% disability and aged 24 years as on the date of accident. Therefore, thrs Court hnds that il is just and reasonable to take multiplier as ,. 1g,, as the injured aged 24 years, and also hnds it reasonable to assess disabiliry as 1O7o as per Ex.A.8. Therefore, injured is entitled for an amount of Rs.86,400/ (Rs.48,OOO/- X 18 X 10/ lOO=Rs.86 ,4OO /-l towards loss of earnings and disability. 6. The Tribunal has not granted amount for under pain and Suffering, loss of amenities, Extra Nourishment, Attendant Charges. The petitioner-injured is further entitled for grant of J Rs.15,O0O/- tou'ards pain and suffering, Rs.15,000/- tou'ards loss of amenities, Rs.10,000/- towards Transportatlon, Rs.10,000/- towards Extra nourishment and Rs.10,0OO/- to'"vards attendants charges.

7. Therefore, Petitioncr/ injured is entitled for the compensation in the following terms: 1 2 3 4 5 6 Loss of earnings and disabilitY Pain ald Suffering Loss of Amenities For Transportation Extra nourishments Attendants Charges Rs.86,400/ Rs.15,000/- Rs.15,000i - Rs.10,000/ Rs. 1O,O00/ Rs. 10,000/ TOTAL Rs.1,46,400/- In the rcsult, thc M.A.C.M.A is partlv-a1lo['cd by 8. enhancing the compensation amount lrom Rs.68,200/ - to Rs.1,46,aOO/- (Rupees One Lakh Fort'Y-Six Thousand Four Hundred only) with interest at lhe rate of 7.5o/o pcr annum from the date of hling the petition til1 the date of realization. Respondent No.2 is directed to deposit the entire amount within a period of one month frorn Lhe date of judgment' On such deposit, the petitioner/ injured is perrnitted to i I 1 ':.:1 'r To, 4 withdraw the said arnount along with interest accrtted on it. There sha1l be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. SD/. A.SREENIVASA REDDY TANT REGISTRAR /ffRUE COPY// SECTION OFFICER

1. The Chairman, Motor Accidents CIaims Tribunal, Nalgonda.(with records, if any) (District Judge) at

2. One CC to Smt. K. Ralitha, Advocate [OPUC] 3. One CC to Sri Ch. Ravinder, Advocate [OPUC] 4. Two CD Copies VH/gh ryr' HIGH COURT DATED: 1810312025 _--,-:'= _=j .,..1.;.. 1 11L s t. i l'.r . 6 L 15 SEP zffi t :, a I -rIrAict igc JUDGMENT+DECREE MACMA.No.3416 of 2009 PARTLY ALLOWING MAGMA WITHOUT COSTS @ (- q a 0 1)L IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3416 OF 2009 Between: Banavath Mangulal S/o Bheemudu @ Bheem, Aged about 24 years, Occ. Private Employee R/o Shakru Thanda, H/o Mainampally Village, Deverkonda Mandal, Nalgonda District. ...APPELLANT/PETITIONER AND

1. E.Srinu, Sio Chenna Veeraiah, age major Business, R/o H.No.2-1-5, Gonboinapally Village, Gundlapally ti/andal, Nalgonda District (Owner of the Auto No AP 24 W 1268)

2. The Oriental lnsurance Company Limited, Branch office, V.T.Road, Ramagiri, Nalgonda Town, Nalgonda District Rep. by its Branch Manager, (Policy No. 45812007 valid from 21.04.2006 lo 20.A4.2007) ...RESPONDENTS Appeal filed under Section 173 of tt/.V.Act against the Award and Decree dated 03-02-2009 in O.P.No. 140 of 2007 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal, (District Judge) at Nalgonda. 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 Smt. K. Rajitha, Advocate for the appellant and of Sri Ch. Ravinder, Counse{ for the Respondent No.2. This Court doth Order and Decree as follows:

1. That the appeal be and hereby is partly allowed by enhancing the compensation amount from Rs.68,2001 to Rs,1,46,400/- (Rupees One Lakh Forty-Six Thousand Four Hundred only) with interest at the rate of 7.5o/o per annum from the date of filing the petition till the date of realization:

2. that the Respondent No. 2 be and hereby is directed to deposit the entire amount within a period of one month from the date of judgment;

3. That on such deposit, the petitioner/injured be and hereby is permitted to withdraw the said amount along with interest accrued on it;

4. That there shall be no order as to costs in this appeal. SD/. A.SREENIVASA REDDY TANT REGISTRAR //TRUE COPY//

1. The Chairman, I\4otor Accidents Claims Tribunal, (District Judge) at Nalgonda 2. Two CD Copies I \EECTION OFFICER T M/ To, VII HIGH COURT DATED: 1810312025 :_=..\\- aAai, ::|. .1,/, :) Ll. t 15sEPM . ).\v \I_ r,- ...,, \_---_-. \ ."l ],- Z C) .: k\{,, \\ DECREE MACMA.No.3416 of 2009 PARTLY ALLOWING MACMA WITHOUT COSTS o,.1 ,) 0 %