The High Court · 2025

Counsel for the Appellant: SRI P.PRABHAKAR REDDY Counsel for the Respondents: The Court made the following: JUDGMENT THE HONOURABLE SMT. JUSTICE P,SI:EE SUDHA M.A.C.M.A.No. 1657 of 2OO9 JUDGMENT: 'I'his appeal is liled against the C)rdr:r rlated

07.04.2005 in O.I'].No.175 ol 2003 petssc'<l rr' ',he Motor (o {ccidcnts CIaims Tribur.ral (l Additionzil Dist ict .Iudgc) at i{hamrnam- 2 1'he appellant/ petitioner iile d O. P. No /.) of 2003, clairning compensation of Rs.4,25,0007 for injuries su stained bv the petitioner in the road t r rffic acciderrt occurred on 13.1,0.2OO2. The Police, Ma.nugr- ru, rcgistered a case in Crirne No.l2O of 2OO2 l. Le arnc<l counsel for appellar-rt/ petitior L r sta[ed thtrl ,lr l:t:half of the petitioners, P.Ws.1 arrrd !l ,r ere examined ;lnd [.]xs.,\ I to A7 and X I lr.ere markecl No oral ancl documentarr evidence uras marked ( r behali ol :-c spon der-rts L The Trial Court considering th r oral ancl documentary evidence granted Rs..l ,53,0O0, rvith interest rr 9(X, per annum from thc date of petition tc: ,ill tl-re date of l deposit. Challenging the quantum of compensation as meagre, the petitioner has filed the present appeal.

5. Heard learned counsel for appellant. No representatior-r [or the rcspondents. Perused the record

6. As per the evidence of P.W.2, doctor, stated that as per Exs.Al and A3, petitioner sustained amputation of right hand and trx.A7 shou's 6O7o clisability is caused to the petitioner

7. The petitioner u'as aged 23 r'ear-s at the time of filing the O.P. The petitioner q'as a driver and rvas earning Rs.250/- per day. Therefore, this Court finds it reasonable to take his income as Rs.4,500/- per month, as per citation reported in Ramachandrappa vs Ma.noger, Rogal Sundaro,m Alliance Insurance Compang Lirnitedl . On perusal of the record, this court finds it reasonable to take his disability as 100% and the appropriate multiplier is'18'and the compensation under the head 'disabilitl" comes to Rs.9,72,000/- (4500 x 12 x 18 x 100%) and he is also entitled to Rs.25,000/ tou'ards pain and suffering, Rs.25,0OO/- towards loss of amenities, Rs. 10,00O/- ' 20 I I (13) scc 236 'r,, *7 I I tor,r,ards extra rlourishment, Rs.10,O - l/ to\(.ards transportation and Rs.1.0,000/- tou,it ' ls attendant charges. tts. 15,000/- towards medical xp('nses ar-rd Rs. I ,00.Ct00 i tori'urcls disllquration (,). Thcrc:fore, tl'rc appellants/ petitioners i re cntiLled lbr the compens;alion rn the follor,'.ing terms: 2 3 +. J D 7 I i I Pain aud suiieiing Loss of Amenities Tran sportation Extra nourishment Atter-rdant charges Medical expenses Disability Disfigr-rrution TOTAL 1l s 2ii,OOCI/ I?;.25,000/ li;.1tt,00O/- ii;. ttt,0OO/ li r.10,0O0/ li r l5,0OO/ Ils 9,72.0OO/ iis 1.0O.00O/ Rs. r 1,67,O0O/- I : l l l

10. In the rcsulr, the appeal is a1lor.,',ed lrr :nltzurcing tne compcnsrrtion amount from Rs. i :.),000/- Rs.11,67 00rJ/ (Rupees Eleven Lakhs Sixtv Seven Thousanrl onl,y) ri,ith interest at the rale of'(,(X) l)er annum from the clate of liling the pelition till dat,' ol rcalization. Respondertr- No.2 shail deposit the r t Lirt: arrrount u'ithin a period of one month from the : ate of receipt 4 of a copy of this order. On such Deposit, the petitioner is perrnitted to withdraw the totai amolrnt interest accruecl on a,long with appellant,/ petitioner is directed to pay the deficit court fce on the enhanced arnount' There shall be no The it' order as to costs. Miscellaneous petitions pending, if an1', shall stald clo sed SD/. N SRIHARI DEPUTY REGISTRAR J- //TRUE COPY// ' sEcrtoN oFFlcER \ I ! I I ! To, The Chairman. Motor Vehicle Accidents CIaims Tribunal-Cum-l Additional District Judge, at Khammam 5"" iCt" 5nr p.pnneHnKAR REDDY Advocate [oPUC] Two CD CoPies 2 3 &,o, . r=: :--::t::, \ I i1: (t ) r-t r 4 t)E[ 2025 oa.\ t s), ,' HIGH COURT DATED: 25103t2025 -.: !, ,/./n\.' /.-) (_) .1' t1 :.'.1. JUDGMENT MACMA.No.1557 of 2009 ALLOWING THE MACMA WITHOUT COSTS % $ I i i [ 3208 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY FIFTH DAY OF IUARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1657 oF 2009 Between: Gokinepalli Bhaskar, S/o Mulkaiah Auto Driver R/o. Aswapuram Village and Mandal Khammam District. ...APPELLANT AND '1 . Racha Prabhakar Rao, S/o. Sooraiah Driver of APSRTC Bus no. AP 112 - 1382, R/o Sambani nagar, Khammam District.

2. The Managing Director, APSRTC, The Managing Director, APSRTC, Musheerabad, ..,RESPONDENTS Appeal frled under Section 173 of Motor Vehicles Act against the Judgment and decree in M.V.O.P.No.175 OF 2003 dated 07.04.2005 on the file of the Court of the Chairperson, Motor Vehicle Accidents Claims Tribunal-Cum-l Additional District Judge, at Khammam. ORDER: The 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 P.PRABHAKAR REDDY, Advocate for the Appellant. This Court doth Order and Decree as follows

1. That the lt/lotor Accident Civil Miscellaneous Appeal be and hereby is allowed by enhacing the compensation amount from Rs. 1,53,000/- to Rs. '1 1,67,000/- (Rupees Eleven Lakhs Sixty Seven Thousand only) with interest @9% p.a from the date of filing the petition till the date of realization. 2. That the respondent No.2 shall deposit the entire amount within a period of one month from the date of receipt of a copy of this order.

3. That on such deposit the petitioner is be and hereby permitted to withdraw the total amount along with interest accrued on it.

4. That the appellanUpetitioner is be and hereby directed to pay the deficit court fee on the enhanced amount.

5. That save as aforesaid, the decree of the lower court shall stands confirmed in all other respects; and 6- That there be no order as to costs in this appeal. //TRUE COPY// SD/. N SRIHARI i EPUTY REGISTRAR ,, \-------- seA\rclr oFFrcER To, The charrman r\4otor vehicre Accrdents craims Triburri r-cum-r Additionar District Judge. at Khammam. Two CD Copies 2 BGS D, HIGH COURT DATED: 2510312025 DECREE MACMA.No.1657 of 2009 ALLOWING THE MACMA WITHOUT COSTS \l