The High Court · 2025

Counsel for the Respondent: SRI R ANURAG (SC FOR TSRTC) The Court made the following: JUOGMENT THE HOY()URABLE SMT. JUSTTCE P.SREE; SUDHA M.A.C.M.A.No. 3698 of 2OO8 JUDGMENT: This eppeal is filed against the Order dated 16.O3.2OO6 in O.P.No.6,87 of 2OOO passed by the Motor Accidents Claims Tribunal (I Additional District Judge), Mahabubnag;rr.

2. The appellant/petitioner filed O.P.No .687 of 2OOO, claiming ,:ompensation of Rs.2,OO,OOO/- for injuries sustained by tlle petitioner in tlre road traIfic accident occurred ot L2.O4.2OOO. Later he filed an ent:ancement petition anr[ the etnount was enhanced to Rs. 1O,OO,OOO/-.

3. Hearc botll sides. Perused the record.

4. Learned counsel for appellant/petitioner statr:d that on behalf of the petitioner, P.Ws.l and 2 were exarlined and Exs.Al to ,116 were marked. Ex.R.W.1 was examined on behalf of res;pondents.

5. The Trial Court granted Rs.1,20,OOO/- witJ: interest @ 7.5o/o per annum from tlle date of petition till the date of realization. Challenging tJre quantum of compens;etion, the appellant hr.rein preferred the present appeal. 2

6. karned counsel for appellant/petitioner csntended that the doctor assessed the disability as 5oolo but it was not considered by the trial Court. Therefore, requested the Court to enhance the compensation by considering the nature of injuries.

7. P.W.2 in his chief-examination stated ttrat petitioner was admitted in NIMS on 13.O4.2OO0 for Post Traumatic Cervical Myelopathy-OPll with cord compression-Cervical Canal Stenosis. He underwent surgery C2-C7 Lamnectomy on 16.O4.200O (decompression of spinal cord in the neck regron). He was discharged on 25.O4.2OOO with an advice to come every month for three months ald thereafter once in three months, up to one yeErr for follow up treatment, after one year he was adviced to come once in 6 months. The operation which was done on 16.04.2000 must have spent Rs.4O,OOO/- to Rs.5O,OOo/-.

8. Considering the medical evidencc and the disability assessed by tJre doctor who treated him, this court finds it is just and reasonable to take disability at 5Oo/o. The petitioner was aged 51 years at the time of accident and was earning gross salar5r of Rs.22,8O9/- per month and after deductions he was getting Rs.17,234/- per month. On perusal of the 3 record, thir; court frnds it reasonable to take his di sability as 50% and tJle appropriate multiplier is 'l 1 ' and the compensat.on under the head 'disability' ()omes to Rs.11,37,4.{4/- (17,324 x 12 x 11 x 5O%} and he is also entitled trr Rs.3O,OOO/- towards pain ard suffering, Rs.3O,O0O/ - towards loss of am enities, Rs. 15,0OO,/- towards extra nour--.shment, Rs. 1 5,OOO/ - towards tralsporlation and Rs. l5,O0O/- towards attendant charges and he is also entitled for Rs.1,37,8721- (17,324 x 8) towarc.s loss of earnings ft>r a period of eight months and Rs..L,00,O0O/- towards mrdical expenses.

9. Therr:fore, tlre appellants/petitioners are enti'tled for the compensatr.on in the following terms: I 2 J 4 5

6. 7 8 I Pain and Suffering [.oss of Amenities Transportation Extra nourishment Attendant charges loss of earnings Medical expense Disability TOTAL Rs 30 Ooo/- Rs, 3O O0O/- Rs, 15 OOO/- Rs. 1s,OO0/- Rs. 15,Ooo/- Rs.i-,3';,872/- Rs. l,,Ot),O00/- Rs.ll,37,444/- Rs. r.4,8O,316/- 4

10. In the result, the appeal is allowed by enhancing the compensation amount from Rs.1,2O,OOO/- to Rs.14,8O,316 (Rupees Fourteen lakhs Eighty Thousand Three Hundred and Sixteen only) with interest at the rate of 7.5%o per annum from the date of filing the petition till date of realization. Respondent shall deposit the entire amount witJlin a period of one month from the date of receipt of a copy of this order. On such Deposit, ttre petitioner is permitted to withdraw tJle total arnount along witl. interest accrued on it. The appellant/petitioner is directed to pay the deficit court fee on the enhanced amount. There shall $g no order as to costs. Miscellaneous petitions p6nding, if any, shall stand closed. //TRUE COPYII OSMAN ALI BAI T REGI CTION OFFICER To, \

1. The Chairman Motor Accident Claims Tribunal-cum- I Additional District Judge, Mahabubnagar.

2. One CC to SRl. K VENKATA RAO, Advocate [OPUC] 3. One CC to SRl. R ANURAG (SC FOR ISRTC), Advocate [OPUC] 4. Two CD Copies MKN W HIGH COURT PSS,J DATED:0310412O25 STATE a () i) 6) * t\$tl tSr * OES JUDGMENT MACMA.No.il698 of 2008 ALLOWING 1'}{E M.A.C.M.A I L0 \ IN THE H]GH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY,THE TH]RD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOToR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3698 OF 2008 Between: (CT Vide Separate Sheet Attached) Keshava Chary, S/o.Venkata Chary Lecturer in Botany BRR Govt.College, Jedcherla R/o. H. No. 1 -4-3lB, New Town, Mahabubnagar ...APPELLANT/PETITIONER AND The APSRTC, rep., by its Managing Director, Managing Director, The APSRTC., Musheerabad, Hyderabad. ...RESPONDENT Appeal filed under Section 173 of Motor Vehicles Act against the Judgment and Decree passed in M.V.O.P.No. 687 of 2000, dated 16.03.2006, on the file of the Court of the Chairman Motor Accident Claims Tribunal-cum- I Additional District Judge, Mahabubnagar. ORDER: 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 SRl. K VENKATA RAO, Advocate for the Appellant and of the Respondent Advocate SRI R ANURAG. This Gourt both Order and Decree as follows:

1. That the Motor Accident Civil Miscellaneous Appeal be and hereby is Allowed by enhancing the compensation amount from Rs. 1 ,20,000/- to Rs.14,80,31 6l (Rupees Fourteen Lakhs Eighty Thousand Three Hundered and Sixteen Only) with interest @ 7.5% P.A. from the date of filing the Petition till the date of realization.

2. That the Respondent shall deposit the entire amount withirr a period of (1) Month from the late of receipt of a copy of this Order.

3. That on such d,:posit, the Petitioner is be and hereby permilled to Withdraw the total amounl along with interest accursed on it.

4. That the AppellanUPetitioners are also directed to pay the de'icit Court fee on the enhance an ount.

5. That save as aforesaid, the decree of the Tribunal shall stattds confirmed in all other respects; and

6. That there shall be no order as to costs in this appeal. Sd,,.OS;MAN ALI BAIG ASS LSTAI{T REGIS //TRUE COPY// \ liE(;TION OFFICER To,

1. The Chairman llotor Accident Claims Tribunal-cum- I Additional District Judge, Mahabu bnagar.

2. Two CD Copies MKN W HIGH COURT PSS,J DATED:0310412025 DECREE MACMA.No.3li98 of 2008 ALLOWING TI-{E M.A.C.M.A rD \