The High Court · 2025

Counsel for the Respondent No.2 : SRI K SRINIVASA RAO The Court delivered the following: Judgment ,/ THE HONOURABLE SMT. JUSTICE P'SIT:OE SUDHA M.A.C .M.A.No. 5O57 of 2OO8 JUDGMENT: This appeal is fi1ed against the Order dar'' I 1'5 05 2006 in o'P'No 1077 of 2oo2 passed by the 'M.t'rt' Accidents Claims Trilrunal (l Additional District Judge) a' I'harnmam'

2. The appellant/ petitioner filed O.P.No 1""77 of 2OO2, claiming compensation of Rs.3,0O,O00/ for injuries sustained 1l' the petitioner in the road i : ffir: accident occurred on 15.O2.20O1. On behalf of the pcl lioner, P'Ws'1 and 2 wert' examined ald Exs.A1 to A11 u'ere ;'r rrked R'W 1 was examined on behalf of respondents.

3. The Trial Court considering the oral an I <lot:umentary evidence qranted Rs.50,000/ with interes I (l 7 Soh per annum from the date of petition til1 realizatit r . Challenging the quant,jm of compensation as meagre, tht le'titioner has filed t he present appeal.

4. Healc.l learned counsel for petitioner' N- r epresentation for respondents. Perused the record.

5. As per the evidence of P.W.2, dcr t rI-, petitioner sustainecl liacture injury with deformity u'it r right patella, I I I i ! I i I I ! i I 2 fracture injury on above right knee joint (latera1 condyle of right femur), fracture injury on medial right knee joint and other simple injuries all over the body and that the petitioner was treated as an inpatient in the hospitai from 16.02.2001 to 28.O2.2OO 1 and operation was conducted on 17.O2.2OOL to set right the fracture of femur by implanting steel plates and he was once again operated the petitioner on 13.11.2001 and removed the implants. On examining the petitioner on

07.O2.2OO5, petitioner waS found that there was restriction on right knee movements and that the petitioner cannot squat or cross his leg. He sustained disability to an extent of 3O%o to 35o/o.

6. As per Ex.A3, petitioner sustained lacerated wound of 3 x 2 x 1 cm on the media side of right knee joint, a contusion of 3 x 3 cm with a deformity of right patella, lacerated wound of 2 x 7 x 1 cm above right knee joint and that the X-ray discloses, dislocation of patella lateral and fracture of latera,l condyle right femur. 7 . Considering the nature of the injuries, this Court finds it reasonable to grant Rs.80,000/- towards injuries, Rs.20,0OO/- towards pain and suffering, Rs.2O,OOO/- for loss of amenities, Rs. 1O,OO0/- for transportation, Rs. 15,O00/- for / ./ .., J medical expenses, Rs.10,000/- for extril nourishment, Rs.l O,OOCI/ torvards attendant charges at c Rs.40,Oo0/- (5,000 x 8) under the head loss of earnings r,s he might not have attended for a period of 8 months B. Therefore, the appellant/ petitioner is I ltitled for the compensation in the following terms: II 2 I 3 4 5 6 7 8 Injuries Pain and Suffering Loss of Amenities Transportation Extra nourishment Attendant charges Medical expenses Loss of earnings ).:r.80,000/- J,lr .110,000/ l.l: .110,00O/ 10,000/ l.:r,.10,000/- l'lr l.:, 1O,000/- 1s,00o/ - l.lr .40.00O/ TOTAL Rs.2,O5,OOO/ f . in the result, the appeal is partly allolvt d try enhancing the comp,:nsation amount from Rs.50,OOO/ t r Rs.2,05,O00/ - (Rupees 'l'rvo Lakh s Five Thousand only) witlL nterest at the rate of 7.1-f/o per annum from the date of frlinl; he petition till date of lealization. Respondent No.2 sh: lJ deposit the entire arnount within a period of one nrr) 1th frorn the date of receipt of a copy of this order. Or.: r.uch Deposit, tl-re petitioner is perrnitted to withdraw tlr : total arnount 4 a) a-long with interest accrued on it. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII SD/. AVS PRASAD EPUTY REGISTRAR SECTION OFFICER To,

1. The Chairman, Motor Accident Claims Tribunal-cum- ll Additional District Judge at Khammam(With records, if any)

2. One CC to SRI MOHAMMED RAHAIL AHMED, Advocate IOPUC] 3. One CC to SRI K SRINIVASA, RAO Advocate [OPUC] 4. Two CD Copies ADK HIGH COURT DATE D : 1 610412025 ) ;\ 1t |][T 20[ t! 't /,. ,. l a) O t JUDGMENT +DECREE MACMA.No.5057 of 2008 2 IIIIAFTS I I I I PARTLY ALLOWING THE MACMA WITHOUT COSTS (t 1 ,,h lD L IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE SXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 5057 OF 2008 Between: MD.Raziuddin, S/o.Khaleeluddin Student ll Year BE [EEE] Vazir Sultan Colloege of Engg,Khamm R!/o.Qr.No.fu31, NSC Camp Colony, Miryalguda Village, ... Petitioner/Appellant AND

1. Velpuri Satyanarayana S/o.Subba Rao,Occ: Driver of APSRTC Bus No. AP 102 7378, Staff No.360721 R:/o.Nuziveedu Depot, Krishna District.

2. The Andhra Pradesh State Road Transport Corporation, rep by its Managing Director The Managing Director, AP State Road Transport Corporation, Musheerabad, Hyderabad. ...Respondents/Respondents Appeal filed Under Section 173 of Motor Vehicles Act,1988 against the Order and decree in O.P.No.1077 of 2OO2 dated.15-05-2006 on the file of the Court of the Chairman, Motor Accident Claims Tribunal-cum- ll Additional District Judge at Khammam. 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 MOHAMMED RAHAIL AHMED, Advocate for the Appellant and of SRI K SRINIVASA RAO, Advocate for the Respondent No.2 and none appeared for the respondent No.1. 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 amount from Rs.50,000i- to Rs.2,05,0001(Rupees Two Lakhs Five Thousand only) with interest at the rate of 7.5o/o per annum from the date of filing the petition till date of realization;

2. That the Respondent No.2 shall deposit the entire arnount within a period of one month from the date of receipt of a copy of this ord{r-;

3. That on such Deposit, the petitioner is permitted to wiflrlraw the total amount along with interest accrued on it ;

4. That save as aforesaid, the Judgment and decree of tht, --ribunal shall stands conflrmed in all other respects; and

5. That there shall be no order as to costs in this appeal. //TRUE COPY// SD/. AVS PRASAD IEiPUTY REGISTRAR I slcrox oFFrcER To, 1 . The Chairman, Motor Accident Claims Tribunal-cun- Judge at Khammam I Additional District

2. Two CD Copies ADK W HIGH COURT DATE D : 1 6104t2O25 ( DECREE MACMA.No.5057 of 2008 PARTLY ALLOWING THE MACMA WITHOUT COSTS ) 1 v 1O