The High Court · 2025

THE HONOT'RABLE SMT. WSTICE P.SREE ST'DHA M.A.C.M.A.No.3348 of 2OO9 JUDGMENT: This appeal is frled against the decrce etnd judgment passed in O.P.No.2638 of 2OO2 dated O3.O9.20O4 on the file of the Court of the XII Additional Chief Judge, (F.T.C) City Civil Court, Hyderabad.

2. An application was frled by the injured before the Tribunal claiming compensation of Rs.3,OO,(X)0/- but the Tribunal considering the evidence of both sides granted al amount of Rs.39,O00/- with interest @ 9%o per annum from the date of petition till the date of realization_ Aggrieved by the said order, this appeal is preferred and ti-rey sought for enhalcement.

3. It is stated that tl e Tribunal granted rrleager amount though injured produced medical bills of Rs 58,5O0 under Ex.A.6 issued by P.W.3/hospital but th,:Jr were not considered. It is stated that the injured was aged 22 years and studying Engineering second year as on the date of accident. Petitioner examined P.W.3/Neuro SrLrgeon. p.W.3 stated that petitioner received bleeding injury t.o brain and 2 laceration to right cheek and he was in the hospital from O8.05.2OO2 and discharged on 15.05.2002. He further stated that there is probability of getting frts and it may effect his memory power. He also stated that there is no need for operation and no gross mental disfunction was noticed when the petitioner visited for follow-up checkup. It is further stated that petitioner did not visit him altet 04.O6.2O02 as such he cannot grve final opinion regarding mental disfunction.

4. Admittedly, petitioner was aged 22 years and pursuing his education in engineering. In view of the accident, he sustained head injury as per medical certifrcate. Considering the nature of the injuries, this Court Frnds that it is just and reasonable to grant Rs.SO,OOO/- towards injuries, Rs.15,OOO/- towards pain and suffering, Rs. l5,0OO/- towards Ioss of amenities, Rs.1O,00O/- towards transportation, Rs. f O,OOO/ - towards attendant charges, Rs. I 0,O0O/- towards extra nour=ishment. Petitioner in his appeal stated that as per Ex.A.6 he incurred Rs.58,500/- towards medical expenses and this Court finds it reasonable to grant the said amount towards medical expenses. Petitioner might not have 3 attended his college at least for a period of six months. Considering the nature of the injuries and his age, this Court frnds that it is just and reasonable to grant Rs.30,O00/- towards loss of income and also finds it reasonable to grant Rs.S,OO0/- towards damage to vehicle.

5. Therefore, appellant/petitioner is enl.itled for the compensation in the following terms: 1 2 J 4 5 6 7 8 9 [,oss occurred due to injuries t:;.5O,OOO/- [.oss of Income Medical Expenses Pain and Suffering [.oss of Amenities For Transportation Extra nourishments Attendants Charges For damage of vehicle R:;.3O,OOO/- l - ?s;.58,500/- ts;. 15,OOO/ - I Rs.15,OO0/- Its .1O,OO0/- Its. IO,OOO/- Its. rO,O0O/- Rs.5,OOO/- 1rOfAL Rs.2,O3,5(X)/-

6. In the result, the M.A.C.M.A is part l5^allswed by enhancing the compensation amount from Fs.39,OO0/- to Rs.2,O3,500/- (Rupees Two Lakhs Three Teousand Five Hundred only) with interest at the rate of 9%o p<:r annum from the date of filing the petition ti[ the datc rl' realization. 4 Respondent No.2 is directed to deposit the entire amount within a period of one month from the date ofjudgment. On suctr deposit, the petitioner is permitted to withdraw the said amount along with interest accrued on it. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPY//

1. The Chairman, Motor Accident Claims Tribunal-cum-Xll Judge (F.l.C) City Civil Court at Hyderabad'

2. One CC to SRl. A VEERESH KUMAR Advocale [OPUCI 3. One CC to SRl. B VENKATARATNAM Advocate [OPUC] 4. Two CD CoPies GR V{/ Sd/. T.JAYASREE UTY REGIS c N OFFICER itional Chief HIGH COURT DATED:1810312025 JUDGMENT MACMA.No.3348 of 2009 i !1., \''' ,..) -:' ^ iiii l. s1A'rE ,: Nft ) 'r \$\ a ',,+, '!-'' -..l .: ' l',2 :l ,)I PARTLY ALLOWTNG THE MACMA WITHOUT COSTS f,'@ &, IN THE HIGH COURT FOR THE STATE OF TELANGANA TUESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIOENT CIVIL MISCELL ANEOUS APPEAL NO: 3348 OF 2009 Between: BANAVATH PREVEEN KUMAR, S/o. Sri Shankar Student cum Tutor Fi./o.Janapriya Shelters, Flat No.304, Block-|, Dauton, Bollaram, ...APPELLANT/PETITIONER AND 1 P.JITENDER RAO, S/o.P.Ramachander Rao, aged about Major R/o.H.No.8- 3-948, Myhomemadhuban Apartments, Srinagar Colony, Ameerpet, (Rl dismissed for default vide Court Order dated 5/8/2009)

2. The New lndia lnsurance Company Ltd, rep by its Branch Manager The Branch Manager, New lndia lnsurance Company Ltd., lV Floor, Block A and D, Kautilya, ...RESPONDENTS/RESPONDENTS Appeal filed under Section 173 of Motor Vehicles Act against the Judgment and decree in M.V.O.P.No. 2638 of 2002 dated O3logl2004 on the fite of the Court of the Chairman, Motor Accidents Claims Tribunal cum Xll Additional Chief Judge, City Civil Court, at Hyderabad (Fast Track Court). The appeal coming on 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 SRI A VEERESH, Advocate for the Appellant and of SRI B VENKATA RATNAM, Advocate for the Respondqnt No. 2. This Court doth Order and Decree as follovvs:

1. That the Motor Accident Civil Miscellaneous Appeal be and hereby is parfly allowed.

2. That the compensation amount awarded by the Tribunal is enhanced from Rs. 39,000/- to Rs. 2,03,5001 (Rupees two lakhs three thousand five hundred only) with the interest at the rate of 9% per annum from the date of realization. 3. That the respondent No.2 be and hereby are directed to deposit the entire 4. On such deposit, that the petitioner be and hereby permitted to withdraw the amount within a period of one month from the date of judgment. said amount along with interest accrued on it.

5. That save as aforementioned, the decree of the Tri:rnar shal stands confirmed 6. That there shall be no order as to costs in this app€,a1. in all other respects, ro, //rRUE copy// DEfSJ ngeLsmr-* s!\rroru oFFtcER Sd/- T. JAYASREE '.- -

1. The Chairman, MACT-cum- Xll Additional Chief Jurjge, City Civrt Court, at Hyderabad (Fast Track Court),.

2. Two CD Copies oo rk HIGH COURT DATED:1810312025 DECREE MACMA. No. 3348 of 2009 PARTLY ALLOWING THE MACMA WITHOUT COSTS u ^T cogYzo \4 #d.'