The High Court · 2025

Counsel for the Appellant: Sri K. Venkatesh Gupta Counsel for the Respondent No.2: Sri N.J.Sunil Kumar The Court delivered the following: JUDGMENT - HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No.27 79 of 2006 JUDGMENT: This rrppeal is Iiled against the Order dated 18.09.2OO6 in O.P.No.ti34 of 2OOS passed by the IV Additional district and Sessions Judge, Fast Track Court, Ranga Reddy District.

2. The appellant/petitioner frled O.p.No.534 claiming ,:ompensation of Rs.2,50,00O/- for mJurles sustained by the petitioner in the road trafhc accident of 2OO5, occurred c,n 1 1.05.20OS. The police, Vanasthalipuram registered a case in Crime No.239 of 2005.

3. Learned counsel for appellant/petitioner stated that on behalf of the petitioners, p.Ws.l and 2 were examined and Exs.Al to 1.9 were marked. Dx.B1 was markecl on behalf of respondentl;.

4. The Trial Court considering the oral and documentary evidence granted Rs.7B,OOO/- with interest C@ T.So/o per annum frorn the date of petition to till the date of deposit. Challenging the qualtum of compensation as meagre, the petitioner has hled thc present appeal. 2

5. karned counsel for the petitioner mainly contended that the petitioner sustained 25% disabilit5r as per the disability certihcate, but the trial Court did not considergd the disability. The petitioner incurred a sum of Rs.95,OO0/- towards her treatment and produced medical bills to the extent of Rs.6O,O00/- and could not produce the bills for the remaining amount due to misplace' Therefore, requested this Court to enhance the compensation by modifying the order of the Trial Court.

6. Heard both sides. Perused the record.

7. As per evidence of P.W.2, Consultant Orthopedic Surgeon of Tilaknagar Hospital, examined petitioner on

16.05.2005 and found that petitioner sustained fracture on both bones of right forearm, treated at Kamineni Hospital by open reduction and internal fixatiorr with K-wire, fracture right tibia with above knee casing, fracture left ulna and displaced with above elbow OPO casing and fracture left first rib. She was ad.vised to continue the same treatment for six weeks. On 1O.06.2006, petitioner obtained trx'A8, disabitity Certificate. He further deposed that because of the injuries to the left at knee joint will cause difliculty in seating and she is @'.7 ) unable to do stitching and she cannot lift heavy objects ald she needs lurther physiotherapy. B. The petitioner was aged 54 years at the time of accident. Ihe petitioner was working as tailor and was earning Rs.3,000/-. Therefore, this Court frnds it reasonable to take his income as Rs.3OOO/_ per month. On perusal of the recorci, this court finds it reasonable to take his disability as 25ok and the appropriate multiplier is .1 1, and the compensation under the head disability, comes to Rs.99,0OO/- (3000 x t2 x It x 2S%), rhis Court finds it reasonable to grant Rs.15,OO0/_ towards pain and suffering, Rs. 15,0OO/, towards loss of amenities, Rs.1O,OOO/_ towards extra nourishment, Rs. 10, OO0/, towards transportation and Rs.10,00O/- tor.l,ards attendant charges and as she is earning Rs.3O00/- lee is also entitled for Rs.24,OO0/- (3000 x 8) towards loss of earnings for a period of eight months and Rs. 16,0OO/- towards medical expenses.

9. Theref,rre, the appellant/petitioner is entitled for the compensation in the following lerms: 1 2 Pain and Suffering Lo ss of Amenities Rs. 15,O00/- Rs. 1s,OOo/- t t J 4 5 6 7 8 4 Transportation Extra nourishment Attendant charges Loss of earnings Medical expenses Disabiliry TOTAL Rs.10,000/- Rs. 10,000/- Rs.10,000/- Rs.24,0O0/- Rs. 16,00O/- Rs.99,0OO/- Rs. 1,99,OOO/-

10. In the result, the appeal is partly allowed by enhancing the compensation amount from Rs.78,0OO/- to Rs.1,99,0OO/- (Rupees One Lakh Ninety Nine Thousand only) with interest at the rate of 7 .5o/o per annum from the date of hling the petition till date of reaTization Respondent No.2 shall deposit ttre entire amotlnt within a period of one month from the date of receipt of a copy of this order. On such Deposit, the petitioner is perrnitted to withdraw the total amount along with interest accrued on it. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. \ "'43["1tYA?t,t''R?I 6D /ITRUE coPYL 'o',t The lV Additional District and sessions Judge' Fast Track Court' Ranga rECTroN oFFICER ' *"ia, o'tlti"i (*itn records' if any) ? hitffi ii ,r:t*riTli;'ii;*#!aE 4. Two CD CoPies Kam/PSl K i\-- io P u cl HIGH COURT DATED:1510412025 JUDGMENT+DECREE MACMA.No.2779 of 2006 a /:.! . 'ir-- :--i liitl' (:) l: -) i '- sE? lffi ? t_ )F.' :_," PARTLY ALLOWING MACMA (A I ':.- 6 e> 6 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD [ 3208 ] TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A .No: 2779 of 2006 Between: smt. Donda Vasantha, wo.D. Anantha Reddy, Age:55 years, occ: Tailoring and er6r"iOrry Rlo.H.t'to.ZtO-Zt2lA, B N Reddy tttjga'' Vanasthalipuram' Ranga Reddy District "'Appellanuclaimant AND J 4 G. Naresh, S/o.G. Narasimha' Age:Major, occ: owner of Jeep r/o. H,No.3- i2t, Brd"ngp"t, Saroornagar Mandal, R R District' The united lndia lnsurance company Limited, rep by its Regional Manager' Hvi"irurJ i"gionrr office' U nited euitoing' Basheerbag h' Hyderabad' ... ResPondents Appeal under Section 173 of tilotor Vehicles Act aggrieved by the Judgment dated 18-09-2006 passed in O'P No 534 of 2005 on the file of the Court of the lV Additional District and Sessions Judge, Fast Track Court' Ranga Reddy District' This 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 MVOP and upon hearing the arguments of Sri K Venkatesh Gupta' Advocate for the appellant and of Sri N.J.Sunil Kumar, Counsel for the Respondent No 2' This Court doth Order and Decree as follows:

1. That the appeal be and hereby is partly allowed by enhancing the compensation amount from Rs 78,000/- to Rs 1'99'0001 (Rupees One Lakh Ninety Nine Thousand only) with interest at the rate of 7 -5o/o per annum 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; &; .b- / 3 That on such deposit, the petitioner be and hereby is permitted to withdraw the total amcunt along with interest accrued on it; and 4. That there sl-all be no order as to costs in this appeal. SD/.A.SREENIVASA REDDY ASSISTANT REGISTRAR l(r //TRUE COPY// SECTION OFFICER I::ri"rt?flitnal District and sessions Judge, Fast rrack court, Ransa Two CD Copies \r- To, 1 2 HIGH COURT DATED:1 5104t2025 DECREE MACMA.No.Zt79 of 2006 PARTLY ALLOWING MACMA fr- \t, I 2-\