The High Court · 2025

THE HON'BLE SRI WSTICE C.V.BIIASKAR RET DY M.A.C.M.A.No.443 of 2Ol9 JUDGMENT: Being not satisfied with the quantum of compensa i n arvarded in the order arrcl clecrec, dated 27.07.2O 18 passed in M.\'. ).P.No.155 of 2Ol2 on the lile o[ the Motor Accident Claims Trib r ral-cum-lV Additional Districl Judgc (trTC) at Siddipet (for short "th' 1'ribunal"), the prcsent appr'iLI has been hled by the appellants / clain I nts.

2. Briel lacts oi the czrse are that initiatly appellant N ) 1-claimant No- 1 filcd O.P.No.I55 ol 2Ol2 under Section 166 of Mr t l- Vehicles Act, 1988, clairnurg compensation of Rs.2,O0,000/- for tte injuries sustaincd by hrrn in a motor vehicle accident that to): place on

05.11.2011. During thc pendency of the claim petiti( I , claimant No. 1 died on 25.07 .2O1a, and his wife was brought c r record as claimant No.2 It is stated that while claimant No.I was 1 ring to his agricultural wt:ll on Ieft srde of the road by foot and wht:r re reached near High School of Marpadaga Village, a Hero Honda rrotorcycle bearing No.AP29 AH9857 (hereinafter referred as 'cri r : r,ehiclel came in high spct:d in a rash and negligent manne.r ani rlashed to claimant No.1. As a result, claimant No.1 sustained sL.,r re injuries on his right leg and all over his body and immediately he , 'as shifted to Susrutha Orthopedic Hospital, Siddipet_ A coml;la nt was a 2 todged by SHO, Thoguta and case in Crime No.117 of 2011 under Section 337 of IPC against rider of the crime vehicle was registered lt is also stated that prior to the accident, the claimant No- 1 was hale and healthy and was doing agriculture and earning Rs.5,000/- per month. Due to the accident, he could not attend work and claimant No.2, wife of the claimant No.I lost her source of income. It is lurther stated that the l"t respondent being the owner and the 2"d respondent being insurer of the offending vehicle are jotntly and severally liable to pay compensation-

3. Considering the claim of the appellants and the counter hled by the 2nd respondent, and on evaluation of the evidence, both oral and documenta.ry, the learned Tribunal has partly allowed the O'P' and awarded compensation of Rs.30,000/- with interest at 7 'soh per annum from the date of petition till the date of realization payable by both the respondents jointly and severally. Challenging the same, the present appeal has been Iiled by the appellants seeking enhancement of the comPensation.

4. Heard Sri Ajay Kumar Madiset$, learned counsel for the appellants, Iearned Standing Counsel for the 2"d respondent and perused the record.

5. As per the evidence of P.W.2, doctor, when claimant No 1 was brought to the hospital, as there was closed comminuted fracture of 3 both bones of right leg and injury was grievous in natrr :, he was operated on 16-1i.2011 and was discharged on 22.1 201 1 and Ex.A4 is wound certificate and trxs.A5 to A.9 are medic: bills and prescriptions. Considering the nature ofthe injuries, this ( it reasonable to grant Rs.25,000/- towards pain and srll ourt hnds 'ering and Rs.a5,O00/- towards medical expenditure. This Court fee s that the amount of Rs.5,000/ granted by the TribunzJ towards transpoftation is rneager and the same is enhanced to Is.10,000. trxcept thc said enhancement, the award of the Triblrrr 1 remains unchanged.

6. Accordingll., this appeal is partly allowed. The ccr .pensation amount awarded by rhc Tribunal is enhanced from Rs.3 ),o00/- to Rs. 1,00,000/- with interest al 7 .Sa/o per annum from t re date of petition to tiLI the date of realization. The rest of the erms and conditions imposcd by thc Tribunal shall remain unalter,:, . No order' as to costs. As a sequel, the miscellaneous petitions pending, i my, shall stand closed To, //TRUE COPY// SD/- C.DEEPIKA I iTANT REGISTRAR ASF .. SECTION OFFICER \tt \ The Chairman' Motor Accident Claims Tribunal-Cun- V Addl Dist Judge' iffci ,t Siddipet.(with records if any) il#c;'-sii Airv x,"i rt'r"diseitv' Advocate [oPt) )] One CC to SRl.T.Sanjay, Advocate [OPUC] 1 2 a

4. Two CD CoPies JA/PSL HK i ,.". /Jr , (i - n'f tr ,':.-', a:t'' i t ttB ?uE + HIGH COURT DATED:17111t2025 JUDGMENT MACMA.No.443 of 2019 M.A..C.M.A. IS PARTLY ALLOWED. C ""{"4 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY THE SEVENTEENTH DAY OF NOVEMBEF. TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY MOTOR ACCIDEN T CIVIL MISCELLAN EOUS APPEAL NO 443 0F 2019 Between 1 2 Kasa Mallaiah, S/o. Siddaiah Aged 60 years' Occ Agriculture.R/o H No' Z++, tvtarpaOga Village Kondapak Mandal' Medak District (died) Kasa Laxmi, Wo. Late Kasa Malliah Aged 57 years' Occ House hold R/o' Marpadga Village Kondapak Mandal, Medak District ...APPellants/Petitioners AND

1. Dabbera Yadagiry, Yadaiah, S/o. Yellaiah.4Sed 42 years, Occ 1,199"' nlo-.-rf No. ZSit+OnA Kakatiyanagar' JK Nagar, NachgrSm Hyderabad Cresently residing at Marpadag-a Village, Kondapak Mandal 'l.NewlndiaAssuranceCompanyLimited,RepbyitsRegionalManager' Motor TP Claims Cell, 5-2'-174t2, Second Floor, Madanmohan Building Ranigunl, Secunderabad 500 003 ... Respondents/ResPondents AppealU/sec.lT3ofMotorVehiclesActagainsttheorderand Decree'made in tVl.V.o.P.No.155 0f 2012 daled 2710712018 0n the file of the court of the chairman, [Vlotor Accident claims Tribunal-cum-lv Addl. Dist. Judge, (FTC) at SiddiPet. oRDER:Thisappealcomingonforhearinganduponperusingthegroundsof, appeal, the Judgment and decree of the court below and the material papers in the H,itOp anO upon hearing the arguments of Sri Ajay Kumar Madisetty, Advocate for the Appellant and of Sri T.Sanjay, Advocate for the respondent' This Court doth Order and Decree as follows:

1. That the MACMA be and hereby is partly allowed; 2. That the compensation amouni awarded by the Tribunal is enhanced from Rs.30,000/-toRs.1,00,000/-withinterestatT'5/operannumfromthedate of petition to till the date of realization;

3.Thattherestofthetermsandcondit|onsimposedbythetribunalshall remain unaltered; L

4. That there shall be no order as to costs in this appeal //TRUE COPY/i SD/- C.DEEPIKA ASSiI JTANT REGISTRAR ''- 7 SECTION OFFICER To,

1. The Chairman, Motor Accident Claims Tribune I Cum-lV Addl. Dist Judge, (FTC) at Siddipet.(with records if any)

2. fwo CD Copies JA/PSL (t' HIGH COURT DAIED:1711112025 DECREE MACMA.No.443 of 2019 M.A..C.M.A. IS PARTLY ALLOWED. .oR3oL )-r w ,A