Katla Ravi v. 1. Nellikondi Srinivas

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No.883 of 2O14 JUDGMENT: 'I'his .rl)peal is fi1ed against the Order datccl 16.O,1.2011 in O.P.No.135 ,rf 2008 passed by the learned Chairma.n, Motor Accident O aims Tribunal (Il-Additional Drstrict Judge), Nalgondr,, Sr-Lryapet.

2. Th,: pe,tition uide O.P.No.l35 of 2008 r,r.zrs file,:1 b]. o.r" Katla Rz vr, claiming compensation of Rs.1,.50,000/- for the inluries susr.arned by him in a road accident occurred on O4.O4.2OC7 . .He examined l-rimself as P.W. I and also got examinecl P.\V.2 on his behalf and marked trxs.A1 to .,\8 on his behalf and Il:<.B 1 u.as marked on behall o[ the responcLenls. The trial Cou rt eLltcr considering the oral and documentary, evidence on recold. rlirected the respondents to pa\r an atnount of Rs.32,OOrl,/- rt! 6ok per annum from the date of fihng tl-r e petition till realLzatrcrr, to the appellant/ petitioner. Aggrieved bv the saicl :Lrn arcl, p':titioner therein preferred the present appcal, secking to enhar Lcc the compensation amount grante rl b], lhe trial Court. I I I I t I i I I i. i Z

3. The learned Counsel for the appellant/ petitioner mainly contended that the appellant/ petitioner was working as mason and earning Rs.5,000/, per month. Due to accident he sustained fractures and grievous rnjuries all over the body and incurred permanent disability of 2Oo/o, but the trial Court has not considered the same and also not granted compensation under the head of loss of earnings. He further contended that the trial Court ought to havc granted interest @ 1.8% per annum instead of 60/o per annum. Therefcre, requested the Court to enhance the compensaLion amounL granted by the trial Court.

4. Perusal of the record shows that appellant/ petitioner was working as mason and earning Rs.S,OOO/- per month. As per his evidence, he sustained three fracture, one crush injury ancl one grievous head injury. As per the evidence of P.W.2-medical officer, appellant has sustained hve abrasions i.e., abrasion of 20 x 10 Cms on medial side of left thigh, abrasion of 10 x 5 Cms on the post part of left thigh, abrasion of 5 x 10 Cms on right loin, abrasion of 6 x 10 Cms on the medial stde of left foot and abrasion of 1x 1Cm on the lateral mallelous. Therefore, this ..' .. '-'-':..rGorur,t1.fir.lds..-rt,.reasonablelto,-gr:ant--an-,a'motrntr.of.-Rsr&;@@@y'*'"ts'".*.,tv-:1'\-.1!5'ei''tB''E* each injury i.e., Rs.25,000/- towards injuries. Though the l l 't i petitioner st.lted that he incurred permanent disabiiitv of 2Ook, he has ni,t:rdduced any evidence lo substantiaLer his ve rsion.

5. Appellant/ petitioner was hospitalized ancl ur-rderwent surgery, as r;r-rch he might have suffered pain and suffr:ring and thus this C ourt finds it reasonable to grant atL ar nount of Rs.10,0001- r-owards pain and suffering, Rs.10,OOO/- f,:r loss of amenities, Its.5,00O/- for transportation, Rs,5,OO0/ for ilttendanl charges, Rs.5,000/ for extra nourishnrent and Rs.1O,OOt)1 torvards medical expenses. Apart lrorn that he could not attend duties for at least 3 montl-rs. as such this Court fin,ls tl'rat it rs just and reasonable to grant an a mount of Rs.15,00{)1 l.owards loss of income.

6. Thcrelcre, the appellant/ petrtioner is cr-rtitlcd lbr the compensutic n in the following terms I I I L 1. 12. l-- 13. 4 I

5. 16. | 7. -;-6- L Injuries Loss of Earnings Pain and Suffering Loss of Amenities Extra Nourishment Transportation Attendant charges Medical Expenses TOTAL Rs 25,O0Oi Rs.15,O00/ Rs.10,O00/ Its.10,OO0/ Rs 5,O{)O/ Rs.5,Ot)O/- Rs 5,0t)0i - Rs.10,000/ - Rs.85,OOO/- 4 o

7. In the result, the appeal is partly allowed .by enhancing the compensation amount granted by the trial Court from Rs.32,000/- to Rs.85,000/_ (Rupees trighty Five Thousand only) with interest at the rate of 7 .5%" per annum from the date of filing the petition till the da[e of realization. Though all the respondents are jointly and severally responsible to pay compensation, respondent No.3/insurance Company is directed to deposit the entire amount rvithin a period of one month from the date of receipt of a copy of this ._ludgment. On such deposit, appellant/petitioncr is pcrmitted to withclraw the said amount along with the interest accrued on it. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// Sd/- L. LAKSHMI BABU ASSISTANT REGISTRAR SECTION OFFICER To '1 . The Chairman, Motor Accident Claims Tribunal-cum-ll Additional District Judge, at Nalgonda at Suryapet. (With Records if any) 2. OneCC to SRl. T VISWARUPA CHARY, Advocate [OPUC] 3. Two CD Copies HIGH COURT DATED: 24101t2025 5IAl. I O5 ,x f ttt" 7, c) L' ),. )i C I ct 'i, c ":? ;'1 JUDGMENT MACMA.No.883 of 2014 PARTLY ALLOWING THE APPEAL WITHOUT COSTS )l i l IN THE HIGH COURT FOR.THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENW FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 883 OF 2014 Between: Katla Ravi, S/o. Sitha Ramulu, Occ: Mason, R/o. Pumping Well Road, Ravipahad, Khammam Town and District. ...APPELLANT AND

1. Nellikondi Srinivas, S/o. Sailu, Age: Major, Occ: Driver, R/o. Shankarpura (V), Addekula (M), Mahaboobnagar District.

2. K.Kupendra Goud, S/o. Krishnaiah Goud, Age: Major, Occ Business, R/o. Shanthi Photo Studio, Mahaboobnagar Town.

3. The New lndia Assurance Co. Ltd., Rep. by its Branch [Vlanager, Sanghamithra Complex, Nalgonda Town. ...RESPONDENTS Appeal filed under Section 173 of Motor vehicles Act., against the Judgment and decree, made in O.P.NO.135 of 2008 dated. 16.09.20'1 1 on the file of the chairman, Motor Accident Claims Tribunal-cum-ll Additional District Judge, at Nalgonda at Suryapet. 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. T VISWARUPA CHARY, Advocate for the appellant and None Appeared for the Respondents. This Court Doth Order and Decree as follows 1 . That the MACMA be and hereby is partly allowed by enhancing the compensation amount granted by the trial court from Rs.32,0001 to Rs.85,000/- (Rupees Eighty Five thousand 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 though all the respondents be and hereby are jointly and severally responsible to pay compensation, respondent No.3/lnsurance company be and hereby is directed to deposit the entire amount within a period of one month from the date of receipt of a copy of this Judgment;

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

4. That there sharl be no order as to costs of this appeal //TRUE COPY// Sd/. L. LAKSHMI BABU ASSISTANT REGISTRAR t \$d CTION OFFICER 1 . The Chairrnan, Motor Accident Claims Tribunal-cum-ll Additional District Judge, at Nalgonda at Suryapet.

2. Two CD Copies To HIGH COURT DATED: 2410112025 DECREE MACMA.No.883 ot 2014 PARTLY ALLOWING THE APPEAL WITHOUT COSTS ( ) F w