The High Court · 2025

Counsel for the Appellant: SRI CHANDRASEKHAR REDDY GOPIREDDY Counsel for the Respondent No.I: DISD FOR DEFAULT Gounsel for the Respondent No.2: sRl SOMANCHI VENKATESWARLU The Gourt made the following: JUDGMENT THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No.3389 of 2OO9 {UDGMENTi 1'his a1>pcal is tiled against the Order dated 09.O2.2OOs in O.l).No.1815 of 2003 passed by the XIII Additional Chief Judg<-: (lr.T.C), City Civil Court, tJyderabad.

2. The appellant/petitioner filed O.P.No.1B15 of 2003, claiming compcr-rsation of Rs.1 ,OO,0OO /- sustatlrcd b), thc peLitioner in the r<lad traffic accident for injuries occurrcd on 12.1O.2OO2. The Police, Malakpet registered a case in Ci'ime No.li l6 ol'2OO2.

3. Learned counsel fbr appeilant/petitioner stated that on behalf of the petitioners, P.Ws.1 and 2 were examined and Lixs.Al to Aiz \rcre marked. Ilx.ill was marked on behalf of rcsponden ts

4. Thc 'lrial Court considering Lhe oral and documentary evidence grantr:d lts.36,000/- with interest. @ 6%o lter annum from the clatc of petition to till the date of deposit. Challenging thc quantum clf compensation as meagre, the petitioner has liled the present appeal.

5. ilcard both sidcs. l)crused thc record f 2 6- As per the evidence of p.W.2, doctor, petitioner sustained injury was tibia and fibula of left leg and sustained o:f SQoh and ,pctitioner has thc di due to stiffness of left ankle. ., ,j.. 7 ' considering the nature of the injurics, this court finds reasonable to grant Rs.20,OOO/_ tovvards injuries, Rs'5,000/- towards pain and suffering, Its.s,oo0 l- for ross of amenities, Rs.S,000/- for transportation, lts. l0,OOO/_ for medical expenscs, Its.s,ooo l- for extra nourishment. Rs. 5,000/- towards attenclant chargcs.

8. Therefore, the appellant/petitioner is entitled for the compensation in the following terms: 1 2 3 4 5 6 7 Injuries Pain and Suffering Loss of Amenities 'lransportation Extra nourishment Attendant charges Medical expenses TOTAL -* I Its.20,0O0/- IRs.5,0O0/- Its.5,000/- trs.S,tjoo I Its.5,0OO/- l?s.5,0OO/- Rs.10,O00/- Rs.55,OOO/-

9. In the result, the appear is partly allowed by enhancing the compensation amount from [ts.36,o0ol- to tts.55,0o0/- I t/ 3 (Rupees IIilty lrive Thousand only) with interest at the rate of

7.1oh per annum from the date of filing the petition till date of rcalization. [{cs5>onclcnL No.2 shall deposit the entire amount wittrin a period of one rrronth from the date of receipt of a copy of th.is order. On such Deposit, the petitioner is pcrmitted to withdra.w the totai amount along rnrittr interest accmed on it. 'l'here shall be no order as tr> costs Misce:llnr-rcous petitions pending, if any, shatl stand closed //TRUE COPY// SD/. N.SRIHAR! REGISTRAR S ON OFFICER To, Judge, City Civil Court, Hyderabad 1' The Chairman Motor Accident Claims Tribunal-cum-Xlll Additional Chief 2. one cc to sri chandrasekhar Reddy Gopireddy, Advocate lopucl 3. one cc to sri somanchiVenkateswarru,'Advoiate topucl 4. Two CD Copies ABK .' t, ,\ HIGH COURT DATED: 0710412025 JUDGMENT MACMA.No.3389 of 2009 G^ $I ufj st, \$N I I l(( CV :.1 i:) \\ 4 ALLOWING THE MACMA WITHOUT COSTS / / ,.t ,/"r// / // ! ! ! a I I l Ii [ 3208 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3389 OF 2009 Between: T.Venkataiah, S/o.Chinna Yellaiah, aged 37 years, Occ:Business B/o.Amberpet, Hyderabad. ...Appel lanUPetitioner AND 1 D.Sailaja, W/o.Ravi Kumar Singh, Aged tvlajor, Occ: Business, R/o.MC 124, Malakpet Coiony, Hyderabad.

2. The United lndia lnsurance Co Ltd, represented by Divisional Manager, United lndia lnsurance Co Ltd. Hyderabad its Divisional fvlanager The , DO-VI, Abids, ...Respondents Appeal Under Section 173 of Motor Vehicles Act against the order and decree in M.V.O.P.No. 1815 of 2003 date 09-02-2005 on the file of the Court of the Chairman Motor Accident Claims Tribunal-cum-Xlll Additional Chief Judge, City Civil Court, Hyderabad. ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Tribunal and the material papers in the case and upon hearing the arguments of Sri Chandra Sekhar Reddy Gopireddy, Advocate for the Appellant, Disd for Default for Respondent No.1 and of Sri Somanchi Venkateswarlu, Advocate for the Respondent No.2. 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. 36,000/- to Rs. 55,000/- (Rupees fifty five thousand only) with interest at the rate of 7.5% per annum from the date of filing the petition till the date of realization.

2. That the Respondent No.2 shall deposit the entire amount within a period of one month from the date of receipt of a copy of this order.

3. That on such deposit, the petitioner be and hereby is permitted to withdraw the total amount along with interest accrued on it.

4. That save as aforesaid, the Judgment and decree of the Tribunal shall stands confirmed in all other respects; and

5. That there be no order as to costs in this appeal. SD/. N.SRIHARI REGISTRAR D //TRUE COPY// N OFFICER To,

1. The Chairman Motor Accident Claims Tribunal-cum-Xlll Additional Chief Judge, City Civil Court, Hyderabad.

2. One CC to Sri Chandrasekhar Reddy Gopireddy, Advocate IOPUC] 3. One CC to Sri Somanchi Venkateswarlu, Advocate [OPUC] 4. Two CD Copies ABK ,f f HIGH COURT DATED: 0710412025 DECREE MACMA.No.3389 of 2009 ALLOWNG THE MACMA WITHOUT COSTS / 1z / ,/la ,/l/