The High Court · 2025

Counsel for the Respondent No.2: Sri K. Madhusudhan Reddy Counsel for the Respondent No.1 : - The Court made the following: JUDGMENT THE HONOURABLE SMT. JUSTICE P.SRI), ) SUDTIA M.A.C.M.A.No .3172 of 2OO9 JUDGMENT: This :eppeal is hled against the decree : rd judgment passed in O.P.No.366 of 2006 dated 27.O5.2OO() on the hle of MACT-cum I Additional District Judge, Adilabarl

2. An application was hled by the injurt.r before the Tribunal claiming compensation of Rs.5,O0,0C )/- but the Tribuna-l considering the evidence of both sidt.r granted an amount of Rs. i,29,647 /- with' interest @ 7 .5.', per annum from the date of petition till the date of realizatio L. Aggrieved by the said order, this appeal is preferred and l-: sought for enhancemen t.

3. It is contended that he was examined bv the Medical Officer and hled Exs.A. I to A.7, he sustained . ro fractures and simple injuries. lt is further averred that , re appellant received two fracture injuries and took treatmelt rs inpatient for more than one month and incurred t re medical expenditure to an extent of Rs. i,50,000/- be ;ides other incidental charges, but the Tribunal simply awarl:d a sum of Rs.52,147 /- towards medica-l expenses which is v rry meager. It is furthcr contended that the appeltant r as a civil \ - 2 contractor and due to the accident he was in bed for eight (08) months and in the said period he sustained loss of earnings and a very meager anount of compensation was granted under this head. It is further contended that the appellant sustained 2O% disabiliry and it is stated by P.W.2 that the Tribunal without considering the evidence erred in not granting any amount towards disability. Therefore, appellant requested to grant an amount of Rs.30,O0O/- towards loss of earnings and also requested to enharce the compensation.

4. Learned counsel for the respondent No.2 submits that already the Tribunal considered all the aspects and granted amount under all the heads and it needs no interference.

5. Admittedly, appellant was a civil contractor and met with arr accident and sustained injuries. Appellalt was examined by P.W.2/Medical Offrcer and a-lso frled Exs.A.2, A.4 to A.7. Ex.A.2 is copy of the injury certificate. As per Ex.A.2 he sustained incised wound on the knee and that it was described as simple injury. He sustained fracture injuries on the right leg and another fracture of medial condyle left tibia (left leg bone) and thus he was admitted on

28.01.2OO4 and further deposed that interlocking nailing of 1 \ 3 the right tibia was done on O3.O2.2OO4 I rd he was discharged on 74.O2.2OO4 with an advice of m,: lication and bed rest. P.W.2 stated that both the injuries arr grievous in nature, Ex.A.S is the medical bills and he suge :sted future medical expenses of Rs.20,000/- to Rs.25,OO07 - for removal of in plants. As the appellalt sustained two li rctures and one simple injury, this Court finds that it s just and reasonable to grant Rs.32,OOO/- for the injuries: ustained by him, Rs.15,O0O/- towards pain and suffering, ts.15,00O/- towards loss of amenities, Rs. 10,0O0 / towards lransportation, Rs. 10,000/ towards attendz r t <:harges, Rs.10,0O0/- towards extra nourishment. As tf e appellant filed Ex.A.4/medical bills for an amount of Rs i,'. ,747 /-, the said amount was already gralted under this lead. It is stated that the appellant was advised bed rest for ;ix months. Considering the nature of inj uries, this Court fin Is that it is just ald reasonable to grant loss of earnings for a period o[ six months. Thcrefore, this Court has tal<en tlr income of the appellant as Rs.6,O0O/- per month and henc: an amount of Rs.36,OOO/- (Rs.6,OO0 X 6= Rs.36,O0O/-) tou'r rds loss of earnings. P.W.2 in his evidence stated that t: : appellant requires future medical expenses of Rs. 15,000/- e -rd the said ( 4 arnount to be granted under future medical expenses thus appellant is entitled for an amount of Rs'15'OOO/- towards future medical exPenses' 6. Therefore, appellant/ petitioner is entitled for the compensation in the following terms: Loss occurred due to injufles Rs.32,000 1 2 3 4 6 7 8 9 Irss of Earnings Medical ExPenses Pain and Sufferin g Gss of Amenities For TransPorta tion Extra nouns hments Attendants Charges -F& future medical exPenses TOTAL Rs.36,OO0/- rt.SZ,t+t 1- Rs.15,000 Rs.15,O00 Rs.1O,OO0 Rs.1O,00O Rs.1O,O0O Rs.I5,OO0 Rs.1'9O' 147l- In the result' the M.A.C.M.A is partty-allowed by 1. enhancing the compensation amount from Rs' 1'29'647 /- to Rs.1,90,147/- {Rupees One Lakh Ninety Thousand Six Hundred and Forty-Seven only) with interest at the rate of 7 .Soh per annum from the date of hling the petition till the date of realization' Respondent No'2 is directed to deposit the entire amount within a period of one month from ttre ! I 5 date of judgment. On such deposit, the a rpellant is permitted to w'ithdraw the said amount rlong with interest accrr.red on it. There sha-ll be no t rder as to costs. Miscellareous petitions pending, if any, thall stand closed To, SECTION OFFICER 1 The Chairman. Motor Accident Claims Tribunal-cunr I Additional District //TRUE COPY// SD/- tv| JAWAHAR REDDY ASSI iTANT REGISTRAR n ',, ,/.,;' Judge, Adilabad. (With records, if any) One CC to Sri S. Surender Reddy Advocate [OPUC One CC to Sri K. Madhusudhan Reddy, Advocate [OPU - Two CD Copies

2. J. 4. /gh AS HIGH COURT DATED:18/03/2025 STATE 1I o c) 1 lNll ?1?B () ,>- -A JUDGMENT+DECREE MACMA.No.3172 ot 2009 'i. [2 DRAFTS] \- k PARTLY-ALLOWED WITHOUT COSTS. I t, .)t [ 3208 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3172 OF 2009 Between: Anaganti Gangadhar Goud, S/o. Dharma Goud Civil Supply Contractor, Excise Contractor R/o. Nirmal, District Adilabad. ...Appel lanUPetitioner AND 'l . Smt. Sai Reddy Sujatha Reddy, Wo. Kanta Reddy, Owner of Maruti Zen Car bearing No.AP13F 888 R/o. Girijas Eswar Residency, B-301, Opp. Nature Cure Hospital, Raja Dharam Karan Road, Hyderabad.

2. The Oriental lnsurance Company Limited, rep.by its, Branch Manager, Branch Office 6-3-788/4/22, Opp. Gold Spot Street, Ameerpet, Hyderabad. ...Respondents/ Respondents Appeal filed Under Section 173 of Motor Vehicles Act,1988 against the Order, and decree in M.V.O.P.No.366 of 2006 dated.2710512009 on the file of the Court of the Motor Accident Claims Tribunal-cum- I Additional District Judge, Adilabad. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the Case and upon hearing the arguments of Sri S. Surender Reddy, Advocate for the Appellant and of Sri K. Madhusudhan Reddy, Advocate for the Respondent No.2 and none appeared for the respondent No-'1 . t This Court doth Order and Decree as follows:

1. That the Motor Accident Civil Miscellaneous Appeal be and hereby is partly allowed by enhancing the compensation from Rs.1,29,6471- to Rs.1,90,1471 (Rupees One Lakh Ninty Thousand One Hundred and Forty Seven Only) with interest @ 7.5%p.a. from the date of filing the petition till the date of realization;

2. That the respondent No-2 is directed to deposit the e rtire amount within a period of one month from the date of Judgment;

3. That on such deposit the appellant is be and hereby pt:t ritted to withdraw the said amount along with interest accrued on it;

4. That save as aforesaid, the Judgment and decree of tlr r Tribunal shall stands confirmed in all other respects; and

5. That there shall be no order as to costs in this appeal SD/. I! I. JAWAHAR REDDY ASS STANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Chairman, Motor Accident Claims Tribunal-cur -l Additional District Judge, Adilabad. (With records, if any)

2. fwo CD Copies To, AS/gh HIGH COURT DATED:18/03/2025 DECREE MACMA.No.3172 of 2009 PARTLY-ALLOWED WITHOUT COSTS. {