The High Court · 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fited In support'ii in"-p;tition, the High court may be pleased "."0"""it " Counsel for the Appellant: SRI CH JANARDHAN REDDY delay of 393 days in filing the appeal' Counsel for the ResPondent: The Court made the following: ORDER '-t1:.,-"- " f - THE HONOURABLE SMT. WSTICE P.SREE SUDHA M.A.C.M. A.No.3 552 of2OOa JUDGMENT This appeal is fried against the Order dated O2.02.2005 in O.P.No.732 of 2OO2 passed by the Motor Vehicle Accidents Claims Tribunal (VI Additional District Judge) (FTC), Nizamabad at Kamareddy.

2. The appellant/petitioner hled O.p.No.732 of 2OO2, claiming compensation of Rs. 1,O0,0OOrr_ 1or injuries sustained by the petitioner in the road tralfic accident occurred on 23.O1.2OO2. Sub Inspector of police, Kamareddy P.S .registered a case against driver of the auto in Crime No.11of2OO2.

3. Heard learned counsel for appellant. No representation for respondents. perused the record.

4. Learned counsel for appellant/petitioner stated that on beha,lf of the petitioner, p.W. I was examined and Exs.A1 to .46 were markecl. Ex.Bl was marked on behalf of respondents

5. The Trial Court considering the oral and documentary evidence granted Rs.24,OOO/_ with interest @ 9ok per annum - ..-L. _ f- 2 from the date of petition to till the date of deposit. Aggrieved by the said order, the appellant herein preferred the present appeal.

6. Petitioner stated that after the accident, she was shifted to Government Area Hospital, Kamareddy and Dr.J.Ajay Kumar, Civil Assistant Surgeon, examined her and issued a wound certificate under Ex.A3. As per Ex.A6, she sustained fracture of neck of the scapula, which is grievous injury.

7. The age of the petitioner was mentioned as 45 years and she was an agricultural labour and was earning Rs. 10O/- per day i.e., Rs.3OOO/- per month. Considering the nature of the injuries, this Court hnds it reasonable to grant Rs.20,0OO/- towards injuries, Rs.10,000/- towards pain and suffering, Rs. 1O,OO0/- for loss of amenities, Rs.5,O00/- for transportation, Rs. 10,00O/- for medical expenses, Rs.5,000/- for extra nourishment, Rs.5,0OO/- towards attendant charges. Due to the injuries, she might not have attended work for a period of B months, therefore this Court grants Rs.24,OOO/- (3OOO x 8) towards loss of earnings.

8. Therefore, the appellant/petitioner is entitled for the compensation in the following terms: ----: *' ' 1 2 3 4 5 6 7 B , Injurie s Pain and Suffering loss of Amenities Transportation Extra nourishment Attendant charges Loss of earnings Medical expenses TOTAL Rs.20,OO0/- Rs. 10,OOO/- Rs. 10,O00/- Rs.5,O0O/- Rs.5,000/- Rs.5,000/- Rs.24,OO0/- Rs.10,OO0/- Rs.89,OOO/-

9. In the result, the appeal is partly allowed by enhancing the compensation amount from Rs.24,O0O/- to Rs.B9,OO0/- (Rupees Eighty Nine Thousand only) with interest at the rate of 7 .5o/o per €rnnum from the date of filing the petition till date of realization. Respondent No.2 shall deposit the entire arnount w-ithin a period of one rnonth frorn the date of order. On such Deposit, the appellant/ petitioner is permitted to withdraw the total amount along with interest accmed on it. There sha1l be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. Sd/. N SRIHARI UTY REGISTRAR //TRUE COPY// SECTION OFFICER To, The chairman Motor Accident Claims Tribunal-cum- Vl Aciditional District Judoe (FTC) Nizamabad at Kamareddy. o;.-cd to sRl cH JANARDHAN REDDY Advocate [oPUCl Two CD CoPies 1 2 J .:.8':*h,}':-*:..'. - '.-_- l: ": HIGH COURT PSS,J DATED:3010412025 \ ORDER MACMA.No.3552 of 2008 1l{trs o() 2 1 AUB 2[25 z. t;) t * PARTLY ALLOWING THE MACMA WITHOUT COSTS l I I I I I I I i : )) [ 3208 ] IN THE HIGH COURT FORTHE STATE OF TELANGANA AT HYDERABAD WEDNESDAY,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA R ACCIDENT CIVIL MISCELLANEOUS AP PEAL NO:3552 o F 2008 MOTO Between: WoDDELAXMI@BANDARILAXMI,W/o.PentaihAgrl.Rl/o'lsaipeetVillage, Machareddy Mandel, Nizamabad District' ...APPELLANT AND

1. CH.MALLAIAH AND ANR, S/o Ashaiah, fsed Major Owner of Auto Rickshaw ' d;ariUffi.Ai zsutoC Rvo u No +-+rls, nvvapattvvittase' Lingampet Mandal,

2. The New lndia Assurance Co Ltd, rep by iF B19lcl t\4qnaget The Branch ' tff";b;;, N;; rnoii A"iu'.un"" co Ltd ;o/o'sFC Buildins' Subashnagar' NizaiTabad. ...RESPONDENTS Appeal filed Under Section 173 of Moto-r Vehicles Act ag-ainst the order and ae"r,i! in rvr.v o.p r.ro.zgz it zooz daled 02.02.2005 on the file of the ih" ah;iimin tr,totor'Rccirienf ctaims Tribunal-cum- vl (FTC) Nizamabad at 6;i,; KamareddY. "l This appeal coming on for hearing and upon.perusing the grounds of appeal' the Jud;;;i;nd Decre6 of the Lowerbourt and the material papers in the-Case of SRI CH JANARDHAN REDDY' Advocate for the and upon hearing the nppJir"t and oisRl -, Advocate for the Respondent No 2' This Court doth Order and Decree as follows: "rgrr"nt" l.ThattheMACMAbeandherebyispartlyallowed,byenhancing..the compensation amountlrom Rs.24,ob6l to Rs.89,000/- (Rupees Eighty Nine Thousand) with interesi gl.s"t" p.a. from the date of filing the petition till the date of realization. z. ihat the Respondent No.2 shall deposit the entire amount within a period of one month from the date of order' , I withdrawn the total amount along with interest accrued on it. 3 That on such deposit, the appellanUpetitioner is be and here by permitted to 4. That save as aforesaid, the decree of the Tribunar shafl stands confirmed in 5. Thatthereshall be no order as to costs in this appeal. all other respects; and Sd/-N SRIHARI TY REGISTRAR //TRUE COPY// r,/ secrroru oFFlcER To, 4 5 The Chairman Motor Accident Claims Tribunal-cum- Vl Additional Judge (FTC) Nizamabad at Kamareddy. Two CD Copies District SS HIGH COURT PSS,J DATED:3010412025 ORDER MACMA.No.3552 of 2008 l I I i I I I I i I I I I I I I I i I I i I ! PARTLY ALLOWING THE MACMA WITHOUT COSTS 4 )