The High Court · 2025

Counsel for the Appellant: Sri. M. Vishnu Vardhan Reddy Counsel for the Respondents: None Appeared The Court'made the following: JUDGMENT t' THE HONOURABLE SMT. JUSTICE RENUKA YARA

0.352 of 2023 JUDGMENT: Heard Sri M. Vishnu Vardhan Reddy, learned counsel for the appellant. In spite of giving sufficient opportunity none appeared and there is no representation for the respondents. Perused the entire record.

2. This is an appeal preferred by the appellant/petitioner aggrieved by the compensation awarded by the learned Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge at Wanaparthy, M.V.O.P.No.1l of 2021, dated 26.12.2022, wherein the compensation of Rs.25,0001- along with interest at 6Yo per annum was awarded in a claim petition filed seeking compensation of Rs.2,00,000/-, on account of injuries sustained by her in a road traffic accident.

3. The appellant is injured, respondent No.1 is driver, respondent No.2 is owner and respondent No.3 is insurer of the offending vehicle i.e., tractor bearing No.TS 32 T 1000. On 19.02.2019 at about 18:30 hours, the appellant was going to Ambedkar Chowk, Wanaparthy, on some personal work and while crossing road, one water tractor bearing No.TS 32 T 1000 driven by respondent No.l in rash and negligent manner dashed her resulting in severe bleeding injuries to head and left leg. She was shifted to \ (t RY,J MACMA 352 2023 Government Area Hospital, Wanaparthy, and from there to Gandhi Hospital, Hyderabad, for better treatment. on account of the expenses incurred due to the injuries sustained in the accident, claim petition was filed seeking compensation of Rs.2,00,000/- with interest from the respondents jointly and severally.

4. The appellant got examined herself as p.w. r and got exhibited Exs.A-1 to A-8. Respondents did not examine any witness and also did not mark any documents on their behalf. Upon examining the evidence adduced by the appellant, the Tribunal awarded compensation of Rs.25,000/- with interest at 6%o per annum reading to filing of the present appeal.

5. In grounds of appeal, the appellant pleaded that she was a housewife as well as labourer eaming Rs.10,000/- per month and that she was hale and healthy aged about 60 years at the time of the accident. She sustained fracture injury of I't metatarsal of foot and is unable to do even her routine daily work. Ex.A-3 wound certificate was issued by the doctor and the said document shows that the appellant is unabre to do regular work. on the basis of the aforementioned grounds enhancement is sought.

6. As per Ex.A-3 wouqrd certificate, the appellant sustained one grievous injury of fracture of l't metatarsal of foot for which compensation ,, RY,J MACMA 352 2023 of Rs.25,000/- is to be awarded and there was one simple injury to head for which an amount of Rs.5,000/- is awarded towards pain and suffering. The appellant was treated at Govemment Area Hospital at Wanaparthy and also at Gandhi Hospital, Hyderabad. Therefore, no amount can be awarded towards medical treatment. The appellant is entitled to payment of Rs.3,000/- towards extra nourishment and Rs.2,000/- towards transportation charges. There is no evidence about pernanent disability as such no conlpensation can be awarded on the said count.

7. As per the police record, no information is available about the avocation of the appellant, who is aged about 60 years belonging to Muslim community. On the bona fide belief that the appellant was working as labourer her notional income in the year 201,9 is taken at Rs.7,000/- per month and an amount of Rs.42,000/- is awarded towards loss of earnings for six months of time that may have been taken for healing of the fracture of 1" metatarsal of foot and resuming the labour work.

8. The appellant is awarded Rs.25,000/- towards one grievous injury, Rs.5,000/- towards pain and suffering, Rs.3,000/- towards extra nourishment, Rs.2,000/- towards transportation charges and Rs.42,000/- towards loss of eamings for six months, which comes to Rs.77,000/-. I 3 RY,J MACMA_352-2023 9 In the result, M.A.C.M.A. is partly allowed and the compensation amount awarded by the Tribunal is hereby enhanced from Rs.25,000/- to Rs.77r000/- with interest at9Yo p.a. on the enhanced amount from the date of petition till the date of realization payable by the respondents jointly and severally. On deposit of the enhanced compensation, the appellant is permitted to withdraw the entire amount, without fumishing any security. There shall be no order as to costs. Miscellaneous Petitions, if any, pending . //TRUE COPY// To,

1. The Chairman, Motor Accident Claims T at Wanaparthy. (With records, if any)

2. One CC to Sri. M. Vishnu Vardhan Reddy, Advocate [OPUC] 3. Two CD Copies SD/. T. SRINIVASA REDDY T REG N OFFICER cipal District Judge KH/gh YV 1 1 \ 4 HIGH COURT DATED:2010812025 JUDGMENT+DECREE [ 2 DRAFTS I MACMA.No.3S2 of 2023 PARTLY ALLOWING THE MACMA WITHOUT COSTS. ft"odAtr* t34d.2l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA Between: Sahad Begum, S/o. Haeef, 891 1 412, Ramnagar Colony, aged about 60 years, Occ House hold, R/o H.No.44- Bharat gas offic-e line, Wanaparthy town and dist. ...AppellanUPetitioner AND

1. M. Venkatesh, s/o M.Naganna, age 37 Tractor B/No.TS32T1 001,H. No.2-1 42, Wanaparthy town and dist. years, Occ Driver of the crime vehicle Konnur village of Madanapur mandal of 2; Ahmoni Buchanna, s/o VenkataswamyL !9eJt/^a!gr, Occ Qwne1,gf the crime vehicle, Tactor B/No.TS-32T 10001 , H.No-.42-315, New Gunj, Wanaparthy town and dist.

3. l.C.l.C.l Lambard Geeral lnsurance co.ltd, .Rept.by its Manager, D.No.6-3- 321 1, Bania ra h i I I s, P a nj a g tta H yd e ra b ad . T5-50-0034' (Vl{e PPligy^ ^, No.iOOAl{ 88753825/00/600. Valid from 19-12-2019 to 18-12-2020.) ...ResPondentsl ResPondents Appeal filed Under Section 173 of Motor Vehictes Act,1988 against the Order and deciee in M.V.O.P.No. 11 of 2O2\. dated. il?=tlrzalLon the file of the Court of the Motor Accident Claims Tribunal-cum- Principal District Judge at Wanaparthy. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgmeni'and Decree of the Lower Court and the material papers in the Case and upon hearing the arguments of Sri. M. Vishnu Vardhan Reddy, Advocate for the Appellant and None appeared for the respondents. This Court doth Order and Decree as follows:

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

2. That the compensation amount awarded by the tribunal be 3nd hereby enhanced from Rs.25,OO0/- to Rs.77,000/- with interest at 9olop.a. on the enhanced amount from the date of petition till the date of realization payable by the respondents joinfly and severally;

3. That on deposit of the enhanced compensation, that the appellant be and hereby permitted to withdraw the entire amount, without furnishing any security; 4- That save as aforesaid, the Judgment and decree of the Tribunal shall stands confirmed in all other respects; and

5. That there shall be no order as to costs in this appeal. //TRUE COPY// To,

1. The Chairman, Motor Accident Claims at Wanaparthy. (With records, if any)

2. Two CD Copies KH/gh \,cY SD/. T. SRINIVASA REDDY ISTANT REGI SECTION OFFICER cipal District Judge HIGH COURT DATED:2OlOBl2025 I F DECREE MACMA.No.3S2 of 2023 PARTLY ALLOWING THE MACMA WITHOUT COSTS. tt" *Cd K,,