Landigewar Ramulu v. 1. THE AP State Road Transport Corporation

Counsel for the Appellant : Sri. M Goutham Reddy Counsel for the Respondents : Sri N Srushman Reddy Standing Counsel for TSRTC The Court delivered the following: THE HONOURABLE SMT. JUSTICE P.SREI) SUDHA M.A.C.M.A.No.3337 of 2OO9 JUDGMENT: This appeal is filed against the judgrnenr rnd decree passed in O.P.No.472 of 2OO7 dated 01.06.200c on the hle of Motor Accidents Claims Tribunal (VIII Additir raI District Judge) at Nizamabad

2. O.P.No. 472 of 2007 was filecl b-v tht appellant/ petitioner seeking compensation of Rs.2,00,00( / , but the trial Court granted only Rs.23,000/ - rvith int: est {.u, 9 ok per .rnnum from the date of petition till the dat: of dcposit

3. Heard learned counsel lor the pe titio r r r and Sri N.shrushman Reddy, learned Standing Counsr' lbr TSRTC

4. The petitioner/ appellant herein contenrl 'r1 rhat the amount is meager and he was earning Rs . ,000/ - per month by selling bread. But it rvas not cottsid.: cd. He was inpatient for 15 days and hospitalized for 2 days and incurred continuous and permanent disabi : v. He r'vas advised to take rest for six months. Therefo '' , requested this Court to enhance the compensation. (.r_ )

5. Petitioner was examined by PW2, who was working as a Civil Asst. Surgeon in the District Hgadquarters hospital, Nizamabad, stated that on 08.12-2006, the petitioner/ appellant was aclmitted into the hospital and there was lacerated injury on the left side of scalp and as per the advice of Neuro Surgeon CT scanning was done and it revealed that he sustained fracture of left temporal bone and Sub-Dural hematoma on the left tempo parietal occipital region rvas he r'vas admitted into the hospital on the same day and lva s discharged on 27 -12.2006. trx.Xl is the case sheet, Ex.A7 is the attested copy of injury certificate, Ex.AB is the medical bills for an amount of Rs. 1,336/ -. It is also observed that he took treatment in the Government Hospital. Ex.A9 is the Original OP ticket, Ex.A1O is the CT scan report and Ex.Al1 is the CT X-ray film.

6. Considering the naturc of injuries sustained by him, this Court hnds that it is just and reasonable to grant an amount of Rs.20,000/- towards injuries sustained by him, as he was in hospital for 21 days, Rs. 15,O00/ - towards pain and suffering, Rs. I 5,000 / towards loss of amenities, Rs.10,000/- towards transportation charges, Rs'1O,000/- 7 for extra nourishment and Rs. 10,000/- torv r -ds medical _) expense s, \ I 7 . Therefore, appellant/ petitioner is ent r r I .rl for the com pensation in the following terms: 1 2 3 4 5 6 Loss occurred due to injuries Pain and Suffering Loss of Amenities Medical expenses For Transportation Extra nourishments TOTAL It; 20,t)00/ It; l5,t)00/- I<; 15,t)00/ ll; I0,tlOo/ Rs I0,t.)O0/ Rs I O,00O/ Rs 8O,OOO7-

8. In the result, the appeal is allowed b,v nhancing the conrpensation amount from Rs. 23,OOOl- I ) Ils.80,000/- (Rr-rpees Eighty thousand only). Respondent N< .2 is clirected to deposit the entire amount with interest er1 Le r:lte of 9 ozr per annum from the date of filing the petitior-r t Il the date of deposit, within a period of one month fror I the date of juclgment. On such deposil, the petitioner rr; permitted to withdraw the said amount along with intere: : accrued on it. There shall be no order as to costs. l Misceilaneous petitions pending, if any, shall stand \ //TRUE COPYil Sd/. T. JAYASREE DEPUry REGISTRAR

6. SECTION OFFICER closed To, t. The Motor Accident Claims Tribunal-cum-Vlll Additional, District Judge, at Nizamabad. (With records)

2. One CC to Sri. M Goutham Reddy, Advocate [OPUC] 3. One CC to Sri N Srushman Reddy Standing Counsel for TSRTC loPUCl

4. Two CD Copies KH/DL A,' /r=t ({i !, --- '.,, :()-\'\i' -';'-li;. 1 . lr" " liT (r i l,l i, i,',fi ri_r l: t: .t i:.-: HIGH COURT DATED:2010312025 JUDGMENT MACMA.No.3337 of 2009 ALLOWNG THE MACMA tD t 320E I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTIETH DAY OF I\i1ARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3337 OF 2OO9 Between: Landigewar Ramulu, S/o.Vittal, Occ: Business R/o.H.No.1 1-1-322, Christian Colony, Kanteshwar, Nizamabad. ...Appellant AND .1 . THE AP State Road Transport Corporation, rep by its Managing Director O/o.RTC Cross Roads, Musheerabad, Hyderabad.

2. The Andhra Pradesh State Road Transport Corporation, rep by its Depot Manager Bus Bearing No.AP '10 Z A629 . ...Respondents Appeal filed under Section 173 of Motor Vehicle Act, against the Order and Decree dated 01.06.2009 in I\/-V-O.P- No.472 of 2OO7 on the file of lhe court of the Motor Accident Claims Tribunal-cum-Vlll Additional, District Judge, at Nizamabad. This appeal coming on for hearing and upon perusing the grounds of appeat, the Judgment and Decree of the Lower Court and the material papers in the case and upon hearing the argument of Sri. M Goutham Reddy, Advocate for the appellant and Sri N Srushman Reddy Standing Counsel for TSRTC, Advocate for the Respondents. This Court doth Order and Decree as follows: 1 . That the MACMA be and hereby is allowed;

2. That the Compensation amount awarded by the Tribunal r r and hereby enhanced from Rs. 23,OOO|- to Rs. 80,0001 (Rupees Eiglrt , thousand only)

3. That the Respondent No2 be and herby is directed to depc sit the entire amount with rnterest at the rate of I % per annum from th: date of filing the petition till the date of deposit, within a period.pf one mort r from the date of Judgment;

4. That on such deposit the petitioner be and hereby is perni :ed to withdraw the said amount along with interest accrued on it;

5. That save as aforesaid, the decree of the Lower Court shit stands confirmed in all other respects; and

6. That there shall be no order as to costs in this appeal //TRUE COPY// ;d/. T. JAYASREE Dt: 'UTY REGISTRAR 6 S ECTION OFFICER To,

1. The Motor Accident Claims Tribunal-cum-Vlll Lr ditional. District Judge, at Nizamabad. (With records)

2. Two CD Copies KH/DL HIGH COURT DATED:2010312025 DECREE MACMA.No.3337 of 2009 ALLOWNG THE MACMA { (