The High Court · 2025

l.Sri Badclam Chinna Gangareddy and another JUDGMENT "' ResPondents

1. This memorandum of Motor Accidents civil Miscellaneous Appeal is filed under Section 173 of Motor vehicles Act, lggg (for short, 'tht: MV ActJ assailing the award passed by the Motor Accident claims Tribunal (ull Additional District Judge) at Nizamabacl (for short, the TribunalJ in op No. L46T of 2ool dated

06.12.2001i.

2.1 Appr:llant is the petitioner and respondents are the respondents before the Tribunal. e 2-2 It is, mentioned in the cause title of the appeal that respondenr: No.1 is not a necessary party to the proceedings as he remained ex-parte before the Tribunal.

3. Appellant - petitioner has filed petition under section 166(1)(a) of the MV Act read with Rule 455 of Andhra pradesh \ \. \ \ BRMR, J MACMANo.3TZO of 2OO8 Motor vehicles Rules, lggg craiming compensation of Rs.10,00,000/- with interest at the rate of 24o/o per annum from the date of filing the petition till the date of realization from respondent Nos.l and 2 jointly and severally on account of the injuries sustained by him in the motor vehicle accident.

4.1 on o5.11.1999 while the appeflant - petitioner was going on Luna bearing No.Ap-9-5g13 from old bus stand side towards sircilla road on his left side of the road very slowly, cautiously and when he reached infront of Rajeshwar & company at about Os.go p.ffi., a tractor bearing No.Ap-25T-4929 driven by its driver in a rash and negligent manner at high speed, dashed against the petitioner from his behind and the tractor ran over him, due to which he sustained multiple fractures to his left ankle, crush injury to left foot, fracture in spinal cord, multiprier fractures to reft hip joint, fracture of pelvic and grievous injures on various parts of the body. The appellant - petitioner was taken to Government Hospital, Kamareddy where he was treated. as inpatient and from there he was referred. to Gand.hi Hospital, secunderabad, where he was also treated as inpatient. Thereafter, appellant - petitioner took treatment at owaisi Hospital and Research centre, Hyderabad and he underwent operation". The appellant - petitioner is unable to take diet from mouth and a tube was inserted in the stomadh. - ,-./... a i.J 318 BRMR, J MACMA.No.377O of 2008

4.2 Tht: appellant - petitioner was aged about 20 years as on the date of tlr.e accident and was earning an amount of Rs.8,0OO/- to Rs.lO,0Ol)/- per month by working as butcher and also doing business in goats and sheep and prayed to allow the O.P as prayed for.

5.1 Resipondent No.1 remained ex-parte before the Tribunal.

5.2 Resipondent No.2 filed written statement and denied the manner in which the accident has.taken place and also contended that the ,:laim of the petitioner under various heads is exorbitant and against the Iaw.

6. Thr: learned Tribunal has framed the following issues: l. Whether the accident has taken place due to rash and negligent driving of the vehicle bearing No.AP 25T 4329 by its driver? '.2. Whether the petitioner is entitled for compensation. If so, to what just amount and against whom? :]. To what relief.2

7. Appellant - petitioner is examined as PWl and got marked Exs.Al to A9. No witness is examined on behalf of the respondent + No.2 but ;3ot marked Ex.Bl - copy of insurance policy.

8. The learned rribunal after analyzing the evidence adduced by the appellant - petitioner coupled with the Exs.Al to A9 and Ex.B1 tias awarded an amount of Rs.3,OOO/- towards \ \ \ \ BRMR, J MACMA.No.377O of 2OO8 compensation with proportionate costs and interest at the rate of 7-5o/o per annum payable by the respondents Nos.1 and 2 jointly and severally from the date of petition.

9. Learned counsel for the appellant - petitioner submits that the Tribunal ought to have sben that the accident had occurred due to the rash and negligent driving of the driver of the vehicle. The Tribunal erred in not granting total compensation amount as claimed by the appellant, also erred in not awarding compensation under different heads and that the award is low and the same is liable to be enhanced.

10. Learned standing counsel for respondent No.2 contended that the learned Tfibunal has rightly appreciated the facts of the case and awarded compensation, which does not require interference of this Court. 1 1. Heard learned counsel on record and perused the material. L2. Now the points for consideration are:

1. whether the award passed by the learned Tribunal is just and G proper, ifso?

2. T}re award passed by the learned rribunal in op No.1467 of 2oo1 dated o6.L2.2oo6 suffers from any perversit5r or illegalit5r, if so does it require interference of this Court or not? / s/8 BRMR, J MACMA.No.377O of 2OO8 :11 FOINT NOs.l and 2:

13. There is no dispute with regard to the manner in which the accident has occurred. In the present appeal the appellant has challengr:d the quantum of award passed by the learned rribunal.

14. It is the case of the appellant - petitioner that in the accident he has rt:ceived multiple fractures to his left ankle, crush injury to left foot, fracture in spinal cord, multiplier fractures to left hip joint, fra<:ture of pelvic and grievous injures on various parts of the body. Afi-er the accident he was taken to Government Hospital, Kamareddy, there he was treated as inpatient from there he was referred to Gandhi Hospital, secunderabad and thereafter took treatment in owaisi Hospital and Research centre, Hyderabad.

15. Ex.Al is the FIR. Ex.A2 is the charge sheet. Ex.A3 is the letter ad<lressed by Dr.M.venkateshwarlu, Deputy civil Surgeon, community Hospital (APWP), Kamaredd.y to the Superintendent, Gandhi H.ospital, Secunderabad requesting to issue MLC certificate with X-rey of the inpatient No.406o/2ooo, dated 06.11.1999, on which date the patient was admitted in the hospital with MLC.No.19536/I.P.No.34835. Ex.A4 is the discharge summary of Gandhi Flospital of the appellant - petitioner with I.p.No.34g35, MLC.No.19536. Date of admission is 06.11.1999 and date of discharge is 15.11.1999. Ex.AS is the prescription of the appellant \ \ \ \ BRMR, J MACMA.No.377O of 2OO8 - petitioner issued by Owaisi Hospital and Research Centre, dated

07.12.1999. E\.A6 is the prescription of the appellant - petitioner issued by the Dr.K.Panduranga Rao. Ex.A7 is the Xerox copy of case sheet. Ex.AS is the copy of Insurance Policy and Ex.A9 is the X-ray film issued by Gandhi Hospital, Secunderbad pertaining to the appellant - petitioner.

16. Appellant - petitioner did not examine any independent witness to support his contention that he received the injuries in the accident as shown in column No.11 of the O.P

17. As per Ex.A2 charge sheet the appellant -petitioner received simple injuries. The learned Tribunal has arrived at a conclusion that the appellant - petitioner has sustained two simple injuries and awarded an amount of Rs.1,SOO/- to each simple injury. This Court is of the view that the aforesaid amount is very meagre and fixes an amount of Rs.S,OOO/-. for each simple injury.

18. The e,ridence of the appellant - petitioner is that he is earning an amount of Rs.8,OOO/- to Rs.1O,OOO/- per month by working as butcher and also doing business in goats and sheep. The learned Tribunal has not awarded any amount for loss of earnings. As per Ex.A4-discharge summary, the appellant petitioner was admitted in Gandhi Hospital, Secunderabad on O6.11.L999 and was discharged on 15.11.1999. He ygy in the i BRMR, J MACMA.No.377O of 2OOB hospital for a period of 10 days. This Court fixes the monthly j income of the appellant - petitioner at Rs.8,OO0/-, hence the loss of earnings is Rs.2,650/- for ten days (Rs.265/- per day). Further, this Cc,urt awards an amount of Rs.10,000/- towards transpor':ation charges and also awards an arnount of Rs.5O,000/- towards pain and suffering. Hence, the compensation awarded by this Cou:'t is as under: S1.l{o. Name of the head Compensation awarded by this Court I

3. 4 Simple injuries (two simple injuries) Pain and suffering Loss of earnings for a period of ten Transportation Total Rs.1O,OOO/- (Rs.S,OOO/- to each injury) Rs.50,OO0/- Rs.2,65O/- (for ten days) (Rs.265l- perday) Rs.10,OOO/- Rs.72,650/-

19. Thr: learned Tribunal has awarded interest at the rate of

7.5o/o per annum, which has to be enhanced to 9o/o as per the decision in the case of Anjali and others vs. Lokendra Rathod and ) \ othersl.

20. In the result, MACMA.N o.377O of 2OO8 is partly allowed and the compensation awarded by the Tribunal is enhanced as under: t t ' 2022 scc online Sc 1683 \ \ BRMR, J MACMA.No.377O of 2OO8 a) The . impugned award dated O6.L2.2OO6, passed in O.P.No.1467 of 2001 stands modified. b) The compensation awarded by the Tribunal i.e., Rs.3,000/- is enhanced to Rs.72,65O/- together with interest at the rate of 9Vo per annum from the date of filing the petition till payment. c) The respondent Nos.1 and 2 are hereby directed to deposit 'the awarded amount jointly and severally with interest and costs less the amount already paid if any within a period of 6O days from the date of receipt of a copy of this judgment. d) Appellant - petitioner is permitted to withdraw the entire amount with costs and interest thereon without furnishing securit5r. As a sequel miscellaneous application/s pending if any shall stand closed- No costs. //TRUE COPYII Sol- fi. JAWAHAR REDDY ASSISTANT REGISTRAR6 SECTION OFFICER t I To,

1. The chairman Motor Accident claims Tribunal-cum-District Judge, Nizamabad.(with records if anY)

2. One CC to SRl. S Surender Reddy, Advocate [OPUC] 3. One CC to SRl. V Durga Advocate [OPUC] 4. Two CD Copies JA/SA HIGH COURT DATED:08 i12t2025 JUDGMENT MACMA.No.3tt70 of 2008 s I,4 r\ () m4 Bt E |il * * a M.A.C.MA. IS pr\RTLy ALLOWED. \ i i i ! I I I i. IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE B.R.MADHUSUDHAN RAO MOTOR IDENT CIVIL MISC EOUS APPEAL NO: 3770 0F 2008 Between: Mohd Jani, S/o.Mohd Shabuddin Butcher and Busienss in Goats and Sheep R/o.tslampura Village, Kamareddy Mandal, Nizmabad District. ... Petitioner/APPellant AND L Sri Baddam Chinna Gangareddy, S/o.Laxmana, Aged lr/ajor Owner of Tractor No.AP 25 T $Zg R/olKrishnajiwadi Village, TAdwai Mandal, Nizmabad District. 2 United lndia lnsurance Company Ltd, through its Brancl-[t/aqa.ger [R1 is not necessary I O/o.Branch Officb Kamareddy, Nizmabad District. ... Respondents/ResPondents Appeal filed u/sec.173 Motor Vehicles Act against the order and decree in M.V.O.p.No.1467 of 2001 dated 6t12t2OOO on the file of the Crcurt of the Chairman Motor Accident Claims Tribunal-Cum-District Judge, Nizamabad- ORDER: This appeal coming on for hearing'and upon perusing the grounds of appeal, the Judgment anO Decree of the Court below and the material papers in tne fUVOp and upon hearing the arguments of Sri S.surender Reddy, Advocate for the Appellant and of Sri V.Durga, Advocate for the Respondent No.2. a This Court doth order and decree as follows:

1. That the MACMA be and hereby is partly Allowed and the compensation awarded by the Tribunal is enhanced as under; a) The impugned award dated OOt12t2OO6, passed in O.P.No.1467 of 2001 stands modified; b) The compensation awarded by the Tribunal i.e., Rs.3,000/- is enhanced to Rs.72,65b/- together with interest at the rate of 9% per annum from the date of filing the petition till payment; c) The respondent Nos.1 and 2 are hereby directed to deposit the awarded amorrnt jointly and severally with interest and costs less the amount alreatdy paid if any within a period of 60 days from the date of receipt of a copy of this judgment; d) Appellant-Petitioner is permitted to withdraw the entire amount with costs and interest thereon without furnishing security; That there shall be no order as to costs in this appeal SD/- M. JAWAHAR REDDY ASSISTANT REGISTRAR 6 SECTION OFFICER //TRUE COPYII To, JAISA

1. The Chairman Motor Accident Claims Tribunal-Cum-District Judge, Nizarnabad.(with records if any)

2. One CC to SRl. S Surender Reddy, Advocate IOPUC] 3. One CC to SRl. V Durga Advocate [OPUC] 4. Two CD Copies t HIGH COURT DATED:OBI121.2025 DECREE MACMA.No.377O ot2O08 M.A.C.MA. IS I'ARTLY ALLOWED. b