High Court · 2025

For the Appellants : Sri G. Dhananjai, Advocate Forthe Respondent No.2:Smt. P. Satya Manjula, Advocate The Court made the following: JUDGMENT I I I i I I I i I i THE HON'BLE SRI JUSTICE K.SURENDER M.A.C.M.A.No.3887 of 2OlL JUDGMENT: This appeal is filed by the claimants aggrieved by the award dated O4.08.2OO4 in O.P.No.48 1 of 2001 passed by the XIV Additional Chief Judge, City Civil Court (Fast Track Court), Hyderabad.

2. Heard both sides and perused the entire material on record. The LR's of the petitioner/claimant was brought on record since the petitioner/claimant died during pendency of the present appeal by order dated 18.03 .2024.

3. The claim petition was hled seeking compensation of an amount of Rs.4,00,000/- and the Tribunal has granted compensation of Rs.1,3O,OO0/- with interest @ 9%o per annum from the date of petition till the date of realization.

4. The case of the appellant (deceased.) is that he was working as Marketing Executive and on 19.10.1999, while he was going on a two wheeler, the offending vehicie which is auto-rickshaw proceeded in same direction and hit the KS, ' MACMA_3887_2011 2 scooter, resulting in the appellant (deceased) falling down and suffering injuries to his legs and other parts of the body.

5. The malner in which the accident had taken place and the liability are not in dispute.

6. The Tribuna-l considered the evidence of Doctor/PW.4, who is also signatory to E;x.A4 ldisability certificate, which was issued by Medical Board, but the compensation towards 60% disability was not granted' The disability cannot be disbelieved since trx.A4 was issued by the Medical Board after examining the injured. Therefore, considering the fact that appeltant sustained 600/0 d.isability, an amount of Rs.1,00,000/- can be granted. As per the evidence available on record, the Tribunal

7. has granted al amount of Rs.1,00,000/- towards loss of earnings, hence this Court is not inclined to interfere with the said hnding. 'i3#" .'::,:':;. KS, J MACMA 3A87 20tL 3

8. Basing on the evidence available on record, the Tribunal has granted an amount of Rs.10,000/- toward.s medical expenses and Rs.20,OO0/- towards pain and suffering and this Court is not inclined to interfere with the said finding. 9 In the light of the above discussion, the claimant is entitled for the following compensation under different heads: Head Compensation awarded ( 1) Disability of 600/o 12) Loss of earnings (3) Pain and suffering (4) Medica-l Expenses Rs.1,00,0OO Rs.1,O0,OOO Rs.20,0OO Rs.1O,00O Totalcompensationawarded Rs.2,3O,OOO/-

10. In the result, the Motor Accident Miscellaneous Appeal 1S partly allowed enhancing the compensation amount awarded by the Tribunal from Rs.1,30,000/_ to \ \ Rs.2,30,00O/- as hereunder: ': :'il:a:::ir'::l-r ",.:,':.:'i:Ksi:tt: :. MAiMA-3aai-2o 11 4 (a) The enhanced amount shall carry interest at 7.5o/o p.a. from the date of petition till the date of reaTization. (b) The respondent/insurance -company deposit the amount within a period of (8) weeks from the date of receipt of copy of judgment' On such deposit, claimants are permitted to withdraw entire amount without furnishing any security' (c) In view of the death of appellant during the pendency of this appeal, the learned Tribunal shall apportion the compensation amount among legal representatives of appellant-deceased subject to proof and their eligibilitY. Pending miscellaneous petitions, if any' shall stand closed. No order as to costs' Note : That the year in date of order is wrongly read at preamble portion and docket sheet of the order in MACMA.No.3887 of 2011 and the same is corrected summoto. This Amended order shall substitute the earlier order which has already been dispatched on 1 8-01 -2025. SD/- MOHD. ISMAIL DEPUW REGISTRAR //TRUE COPY// SD/- T TIRUMALA DEVI ASSISTANTIREGISTRAR sEcrfr{ oFFtcER To,

1. The XIV Additional Chief J.udge, City Civit Court, Hyderabad (Fast Track Court) (with records if any)

2. One CC to Sri G. Dhananjai, Advocate [OPUC] 3. One CC to Smt. P. Satya Manjula, Advocate [OPUC] 4. Two CD Copies KNK / , \ \ HIGH COURT DATED:241912004 2419t2024 o A.!' t) AMENDED JUDGIMENT + DECREE MACI\4A. No.3 887 of 20 1 1 !J..r : t o r ( {ri:. s s cO I ,'tl !/:'/ i/ ;.i :) u5\\ APPEAL IS PARTLY ALLOWED, NO COSTS v zZZ2t IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENW FOURTH DAY OF SEPTEIUBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTIGE K.SURENDER Between: M.A.C.M.A. No. 3887 of 2a11

1. Pavan Kumar Singh, S/o. Jagath Singh, Aged 44 years, R/o. H.No. 5-9-356, Gun Foundry, Hyderabad. ( Died, for LRs A-2 & 3)

2. Smt. Santosh Kumari, W/o. Late Kunwar Pavan Kumar Singh, aged about. 53 years, Occ. Housewife,

3. Kunwar Kunal Kumar Singh, S/o. Late Kunwar Pavan Kumar Singh, aged about 20 years, Occ. Student, Both Respondents are Rl/o. Sreetech Tower, Sth Floor, 5-D, H.No. 5-3-356, Beside Bhawani Temple Gunfoundry, Abids, Hyderabad- 500001 . (Appellant 2 and 3 are brought on record as LRs of the deceased appellant No.'l vide Co.dt.'18-03-2024 in lA No. 03 of 2024 in MACI\iIA No. 3887 of 2011) .AppellantsiPetitioners AND

1. Laxmaiah, S/o. Balaiah, Ivlajor, F/o, 3-700/3, New Shivalayanagar, Suraram Colony, Qutubullapur Mandal, Rangareddy District.

2. United lndia lnsurance Company Ltd., Rep. by its Branch Manager, United lndia lnsurance Company Ltd., Branch Office 4-5-439, ll floor, Sultan Bazar, Hyderabad-195, ... Respondents/Respondents Appeal filed under '173 of Motor Vehicles Act, aggrieved by the orders made in OP No. 4B1l2OO1 , dated 4-8-2004, on the file of the XIV Additional Chief Judge, City Civil Court, Hyderabad (Fast Track Court). ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the order and Decree of the court below and the maierial papers in the case and upon hearing the arguments of Sri G. Dhananjai, Advocate, foi the Appellants and of Smt. P. Satya Manjula, for the Respondents No. 2. The Court doth Order and Decree as follows: 1. That this Appeal be and is here by parfly Allowed.

2. That the compensation amount awarded by the Tribunal be and is here by enhanced from Rs. 1,30,000/- to Rs. 2,30,0001. J 4 5 That the enhanced amount be and is here by shall carry an interest at 7.5o/o p.a. from the date of petition till the date of realization. That the Respondenulnsurance company be and is here by shafl deposit the amount within a period of (8) weeks from the date of receipt of copy of the Judgment and that on such deposit, craimants are entitred to withdiaw the entire amount without furnishing any security. That in view of the death of appe ant during the pendency of this appeal that the learned rribunal shall apportion the compensation amount among the legal representatives of appellant-deceased subject to proof of their etigibltity. 6 That there is no order as to costs to this Appeal. SD/- MOHD. ISMAIL DEPUry REGISTRAR Note : That the year in date of order is wrongly read at preamble portion and docket sheet of the order in MACMA.No.38B7 of 2011 and the same is corrected summoto. This Amended order shall substitute the earlier order which has already been dispatched on 18-01-2025. //TRUE COPY// SDi- T TIRUMALA DEVI ASSISTANT REGISTRAR ,,) SECTIOI{'OFFICER To, 1 2 The XIV Additional Chief Judge, City Civil Court, Hyderabad (Fast Track Court) Two CD Copies KNKr HIGH COURT DATED:2419120O4 24t9t2024 AMENDED DECREE MAC[\4A. No.3887 of 201 1 / 4J /a I ,') APPEAL IS PARTLY ALLOWED, NO COSTS 4 /r5 5 .z :7'i--=. 9F i- ,$, s ": 'i' ;t;.:-jt, ..ilr. \i