The High Court · 2025

Counsel for the Appellant: SRI CHANDRASEKHAR REDDY GOPIREDDY Counsel for the Respondent 1: SRI N AMARNATH Counsel for the Respondent 2: SRI P HARINATHGUPTA The Court made the following: JUDGMENT TTIE HONOURABLE SMT. JUSTTCE P.S:T EE SUDHA M.A.C.M.A.No.L527 of 2OO8 JUDGMENT: This appeal is filed against the Order daL d 17.O2.2OO3 in O.P.No.3O5 of 2OO2 passed by the Chief Jrt tge, City Civil Court, Hyderabad.

2. The appellant/petitioner filed O.P.No.3 )S of 2OO2, claiming compensation of Rs.2,5O,OOO/ - for injuries sustained by the petitioner in the road tr Lffrc accident occurred on 04.11.2001. The Police, I rppachabutra registered a case in Crime No.145 of 2O01

3. Learned counsel for appellant/ petitioner tated that on behalf of the petitioners, P-Ws- 1 to 3 were t xamined and Exs.Al to A8 were marked on behalf of petiticr er and Ex.Bl was marked on behalf of respondents.

4. The Trial Court considering the oral an,l documentarjr evidence granted Rs.35,500/- with interest @t ) % per annum from the date of petition to till the date , f realization._ Challenging the quantum of compensation :.r meagre, the petitioner has filed the present appeal.

5. Heard both sides. Perused the record \ 2

6. As per the evidence of P'W'2' doctor' petitioner was treated in O-G.H for 4 months and after reco-very he was discharged. He sustained fracture of Grade III B fracture' shaft femur left lower right heel' P'W'3 assessed his disability at 6Ooh and stated that restriction of movements of right knee and there is no shortening

7. Considering the nature of the injuries' this Court finds it reasonable to grant Rs' 15'000/- towards injuries' Rs.15,O00/- towards pain and suffering' Rs'15'0O0/- for loss of amenities, Rs' l0,00u/- for transportation' Rs'1O'O0O/- for medical expenses, Rs 10'OOO/- for extra nourishment' Rs.1O,O00/- towards attendant charges' As he is a businessman in Cosmeticas and earning Rs'40O0/- per month and the trial Court taken his income as Rs' 1'50O/- per month and as there is no evidence regarding his income' this Court finds rt reasonable to take his income as Rs.4,5O0/ - per month as per citation reported in RtrrncrchondrctPPq Vs Manage1 Rogol Sunda:ram Allionce Insurance CompcLng Limitzdl and he might have not attended his work for a period of 8 months and thus loss of earnings for a periocl of 8 months comes to Rs'36'OOO/- ' 2ot I (ti)scc 116 3 (a500 x 8). As there was interlocking nail .r g and screw fixation, petitioner is entitled for an amount c ' is.25,000/- towards future medical expenses.

8. Tlierefore, the appellant/petitioner is er titled for the compensation in the following terms: \ \ 1 2 J 4 5 6 8 Injuries Pain and Suffering Iass of Amenities Transportation Extra nourishment Attendant charges Loss of earnings Medical expenses TOTAL R 1s,0o0/ - S R 1s,000/- a R r 5,o0o/- a R 1O,000/- S R 10,ooo/- S R 10,oo0/- R 36,000/- : R 10,000/- Rs ,2l,OOOl-

9. In the result, the appeal is partly allowec ry enhancing the compensation amount from Rs.35,50O/ to ls.1,21,OOO/- (Rupees One Lakh Twenty One Thousand onlr ) with interest at the rate of 9%o per annum from the dat: of hling the petition till date of realization. Respondent No.2 shall deposit-the eltire amount within a period : one month from the date of receipt of a copy of this orrl :r. On such Deposit, the petitioner is permitted to rvithcl aw the total amount along with interest accrued on it' There shall be 4 no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. To, SdI AVS P DEPUTY RE RAR //TRUE COPY// SECTION OFFICER 'l . The Chairman Motor Accident Claims Tribunal-curn-Chief Judge, City Civil Cou(, Hyderabad

2. One CC to SRI CHANDRASEKHAR REDDY GOPIREDDY Advocate [OPUC] 3. One CC to SRI N AMARNATH Advocate [OPUC] 4. One CC to SRI P HARINATH, Advocate [OPUCI 5. Two CD Copies SS HIGH COURT DATED:01 lO5l2O25 JUDGMENT MACMA.No.1527 of 2008 --t _:l E c),c -/:. i I tts ?$L$ ! ,r' .r:.1 .i-' : C)() PARTLY ALLOWING THE MACMA WITHOUT COSTS * il, \w [ 3208 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT }IYDERABAD THURSDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 'ts27 OF 2008 Between: MR.P.NARAYANA, S/o.Narsing Rao Business Ryo.H.No.4-4-151 , Near Water Tank, Attapur (V), Rajender Nagar, ...APPELLANT/CLAI MANT AND

1. MR.Y.RAJU AND ANR, S/o.Sivaiah Business R/o.H.No.12-1-486/6, New lndiranagar, Seetarambagh,

2. M/s.National lnsurance Company Ltd, Hyderabad Regional Manager The Regional Manager, M/s.National lnsurance Compny Ltd., lllrd Floor, Moghal Court, ...RESPON DENTS/RESPONDENTS Appeal filed Under Section 173 of Motor Vehicles Act against the Order and decree in M.V.O.P No.305 of 2OO2 daled 17.02.2OO3 on the file of the Court of the Chairman Motor Accident Claims Tribunal-cum-Chief Judge, City Civil Court, Hyderabad. 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 CHANDRASEKHAR REDDY GOPIREDDY, Advocate for the Appellant and of SRI N AMARNATH KUMAR, Advocate for the Respondent No.l and SRI P HARINATH for Respondent No.2. This Court doth Order and Decree as follows:

1. That the MACMA be and hereby is allowed by enhancing the compensation amount from Rs.35,000/- to Rs.1,21,000^ (One Lakh Twenty One Thousand Only) with inter€st @ 9% p.a. 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 the order of this copy.

3. That on such deposit, the petitioner is permitted to withdrir /n the total amount along with interest accrued on it.

4. That save as aforesaid, the decree of the Lower Court st; I stands confirmed in all other respects; and

5. That there shall be no order as to costs in this appeal. id/. AVS PRASAD Dt:l 'UTY REGISTRAR //TRUE COPY// s ilr.' - o "l,bn ) FFTCER To,

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

2. Two CD Copies SS i I I i l I HIGH COURT DATED:01/0512025 L DECREE MACMA.No.1527 of 2008 PARTLY ALLOWING THE MACMA WITHOUT COSTS 5\