K. HARISH BABU v. 1. THE MD

CounselfortheAppellant:sRI.cHANDRASEKHARREDDYGoPIREDDY Counsel for the Respondents: SRI R ANURAG (SC FOR TSRTC) The Court made the following: JUDGMENT THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No.4835 of 2008 JUDGMENT: This appeal is filed against the Order dated 19.01.2OO5 O.P.No.647 of 2003 passed try the XI Additional Chief IN Judge, City Crvil Court, at Hyderabad (Fast Track Court)

2. The appellant/petitioner filed O.p.No.647 of 2OO3, claiming compensation of Rs.3,0O,OOO/_ for injuries sustained by the petitioner in the roacl traffic acciclent occurred on 24.12.2OO2. The police, pahacli Sharif, registered zr case in Crime No.217 of 2OO2.

3. Learned counsel for appeilant/petitioner stated that on behalf of thc petitioners, p.Ws.l to 3 rvere examined and Exs.Al to A8 u,ere markecl. R.W. 1 was examined on behaif of respondents

4. The Trial Court considering the oral and documentary evidence granted Rs. 1,17,750/- with interest (cD, 9o/o per annum from thc date of petition to till the date of deposit. Challenging the quantum of compensation as meagre, the petilioner has llled the presenr appeal. ;{ \:r:::l:l 2 Learned counsel for the petitioner mainly contended 5. that the petitioner sustained 25% disability, but the trial Court did not considered the disability' Therefore, requested this Court to enhance the compensation by modifying the order of the Trial Court.

6. Heard both sides. Perused the record Learned counsel for respondents contended that there 7. was contributory negligence on the part of the petitioner' There u,as collusion between auto and bus and there is no disability. Petitioner counsel stated that petitioner u'as driving in auto ald there is no contributory negligence on his part, but the trial Court did not consider the same'

8. Admittedly, petitioner sustained l' indn shortening of leg and he was aged 22 years at the time of accident This Court finds it reasonable to take his income as Rs'3'00O/- per month. On perusal of the record, this court finds it reasonable to take his disability as 25%" and the appropriate multiplier is '18'and the compensation under the head 'disability'comes to Rs. 1,62,000/- (3OOO x 12 x 18 x 25ol'\ and he is also entitled to Rs.2O,OOO/- towards pain and suffering, Rs.20,0OO/- towards loss of amenities' Rs' 1O'00O/- :.rr .i+lFq4.i.(.i 3 towards extra nourishment, Rs. 1O,OO0/_ towards transportation and Rs. 10,000/- towards attendalt charges and he is a_1so entitled for Rs.24,000/_ (3000 x B) towards loss of earnings for a period of eight months and Rs.g6,Sgl/- I oward s medical expenses.

9. Therefore, the appellants/petitioners are entitled for the compensal ion in the following terms: 1 2 3 4 5 6 7 B Pain and Suffering Loss of Amenities Transportation Extra nourishment Attendant charges Loss of earnings Medical expenses Disability TOTAL Rs.2o,00o/- Rs.2O,000/- Rs. 10,000/- Rs. 1O,000/- Rs.10,000/- Rs.24,OOo/ Rs.86,581/- Rs.1,62,00O/- Rs.3,42,581/ -

10. In the result, the appeal is allowed by enhancing the compensation amount from Rs. I,lT,ZSO/_ to Rs.3,42,581/- (Rupees Three Lakhs Forty Tu,o Thousald Five Hundred and Dighty One only) rvith interest at the rate of Z.S%o per annum from the date of hling the petition till date of realization. Respondents shal deposit the entire amount within a period of one month from the clate of receipt of a copy of I I -.* 4 this order. On such Deposit, the petitioner is perrnitted to withdraw the totai amount along with interest accrued. on it. The appellant/ petitioner is directed to pay the deficit court fee on the enhanced arnount' There shall be no order as to costs' Miscellaneous petitions pending, if any' shall stand closed. To, //TRUE COPY// Sd/- T. JAYASREE DEPUTY REGISTRAR ECTION OFFICER

7. The Xl Additional Chief Judge, City Civil Court, at Hyderabad (Fast Track Cou rt).

2. One CC to SRl. CHANDRASEKHAR REDDY GOPIREDDY Advocate loPUCl

3. One CC to SRl. R ANURAG (SC FOR TSRTC) Advocate IOPUC]

4. Two CD Copies TPK/PSL I I HIGH COURT DATED:1 510412025 JUDGMENT +DECREE .,c rl)F s {8 MACMA.No.4835 of 2008 ,t..'{t,, '"{i,l.1I: a.' 'i\ 'i,,''\ ,{: ../. ",' MACMA IS ALLOWED b 1 g HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY ,THE FIFTEENTH DAY OF APAIL TWO THOUSAND AND TWENTY FIVE [ 3208 ] PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA L MISCE LLANEOU S APPE AL NO: 483 ACCID ENT CIVI 50 F 2008 MOTOR Between: K. HARISH BABU, S/o Narayana..Rao RTA Consultant R/o H No 18-7- b'i +iil+, Avoor,yanagar colony Gowlipura ...APPELLANT AND 1 2 THE MD, APSRTC, The Managing Director APSRTC' RTC X Roads, Musheerabad ' The Depot Manager, APSRTC, The Depot ManagerAPSRTC' Achampet Depot, ...RESPONDENTS Appeal filed Under Section 173 of lVlotor Vehicles Act against the Judgment and Decree dated 19/01/2005 passed in MVOP No 647 of 2OO3 on the file of the Motor Accident Claims Tribunal-Cum-the Court of the Xl Additional Chief Judge' City Civil Court, at Hyderabad (Fast Track Court) This appeal is 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 hearlng the arguments of Sri Chandrasekhar Reddy Gopireddy' Advocate for the Appellant and Sri R Anurag (SC FOR TSRTC)' Advocate for Respondents in MACMA No 4835 of 2008' This Court doth Order and Decree as follows : 7 1 That the Ir1.A C.[/.A.No. 4g35 of 2008 fired by craimant be and hereby is allowed by enhancing the compensation amount from Rs.1,.17,750/- to Rs.3'42,581/- (Rupees Three Lakhs Forty Two Thousand Five Hundred and Eighty one onry) with interest at the rate of 7.50/o per annum from the date of filing the petition till date of realization ; l I 2' That the Respondents sha, deposit the entire amount within a period of one month from the date of receipt of a copy of this order. On such Deposit, the petitioner is permitted to withdraw the totar amount arong with interest accrued on it. The appellanupetitioner is directed to pay the deficit court fee on the enhanced amount ;

3. That there shall be no order as to costs Sd/. T. JAYASREE DEPUTY REGIST RAR //TRUE COPYII To SECTION OFFICER 1 2 Il?6' ooo','"nal chief Judge, city civit court, at Hyderabad (Fast Track Two CD Copies I-PK HIGH COURT DATED:1 510412025 DECREE MACMA.No.4835 of 2008 MACMA IS ALLOWED I \{