The High Court · 2025

Learned counsel for the appellant submits tha , the Tribunal ought to have gralted the compensation as praye(l f rr, erred in its I-rnding that the medical bills and discharge sumrl rry cannot be 418 BRMR, J MACMA.No. 241 of 2022 believed though they were proved by PW4 and also failed to see that the appellant has suffered permanent disability due to the injr:ries sustained in the accident. The Tribunal failed to award any compensation for the loss of quality of Iife and damage to her future marriage prospects, the consequences of the injuries are long lasting and has not awarded any amount for future medical expenditure, relied on ttre decision in the case of Siddigari Pentaiah Vs. R.Pandu and Anr.t and prayed to allow the appeal.

10. t eamed counsel for the appellant submitted that the respondent No.1 herein is not a necessary party to the appeal since he did not contest the O.P. before the Tribunal.

11. Learned counsel for the respondent No.2 submits that the Tribunal has rightly awarded compensation by taking into consideration the evidence and the documents let in by the parties' Insofar as the injuries are concerned he submitted that reasonable amount may be awarded.

12. Appellant's counsel has filed calculation memo.

13. Heard leamed counsel on record and perused the material. 'MACMA.No.4857 of 2Oo8, dated, 13.02.2023 of the High Court for the State of Telangana, Hyderabad. s/8 BRMR. J Ml.( vlA.No. 24r o{ 2022

14. Now the point for consideration is: whether t re appellant- petitioner is entitled for enhancement of compensa ion, if so, to what amount?

15. Ex.A3 is the injury certifrcate issued by Medic:t Hospitals on

11.O2.2OI5, which goes to show that appellant-1 etitioner has received the following grievous injuries: 1) right foreh .ad laceration 2) right eye orbital fracture and 3) right upper eyelid I rceration.

16.1 PW3 is the consultant Plastic Surgeon in Mt:rl :iti Hospitals, he deposed that the patient by name Sumayya Zart tm (appellant herein) was brought to the hospita-l on 2O.01.2O 1 i with injuries involving in RTA. She sustained injuries of r ght forehead laceration, right eye orbital fracture and right upper eyelid laceration. Patient was admitted in the hospital ,r r 2O.O1.2OlS, wound debridement was done on 2l.Ol.2OlS and s I .gery was also done on 22.01.2015 for right forehead lacera[ior repair, right orbital fracture fixation, right orbital floor recorr truction with conctal cartilage graft, right upper tid lacerarion re >air with SSG and was discharged on 27.O1.2O15 from the hospirr I The injuries are grievous in nature and the patient came for follr r.up treatment on 31.O1.2015 and the patient was advised to continue the prescribed medicines earlier and asked to revieu fter ten days. Ex.A6 is the Discharge Summar5r. -.nn' 6/A BRMR, J MACMA.No. 241 ot 2022

16.2 PW3 in his cross examination has stated that at the time of discharge patient's condition was stable. PW3 denied the suggestion that injuries are simple in nature.

17. In Siddigari Pentaiah's case' this Court has awarded Rs.40,OOO/- for each fracture. In the present case as per Ex'A3 appellant has received three grievous injuries and that she is entitled for Rs.4O,OOO/- for each injury.

18. PW4 is the billing manager in Mediciti Hospitals (now Medicover Hospital) from 2OO7. Patient by name Sumayya Zareem was admitted in the hospital on 20.O 1.2015 and was discharged on

27.01.2015, during her treatment the total bi[[ amount was Rs.1,66,643/- and after discount, she has paid Rs'1,25,0OO/- to the hospital. Ex.A7 is the hnal bill and Ex.A8 are the bills issued by the hospital as per the records. PW4 denied the suggestion that patient has not paid Rs. 1,25,0OO1-. Ex.AT is the inpatient trnal bill dated 27.01.2015 pertaining to the appellant. Date of adrnission is

20.01.2015 and date of discharge is 27.01.2015 The total bill amount is Rs.1,66,643.O6 and discount is given Rs'41,643/- and the net pa)Enent payable is Rs. I,25,000.O6 and the total amount paid is Rs. 1,25,OOO/ - which is enclosed with the detailed particulars of the payments of the bills for Rs.1,25,0O0/-. Ex'A8 is the &unch of medical bills, which shows the cash pavment of 1 -/' MAC BRMR, J '{A.No. 241 of 2022 Rs.25,000/- on 20.Ol.2Ol5, Rs.25,O00/- on 2LOt.2OtS, Rs.3O,OOO/- 23.O1.2015 and Rs.45,0OO/- on 27 ( t.2Ot5. The above said arnounts were adjusted in Ex.A7 frnal bill uhich is born out by the record.

19. The computation of the appellant is as under: Sl.No Name of the Head Compe -rsation award,: I by this C( l]rt I 2 3 4 Medical bills Three fractures (Rs.aO,OOO/- for each fracture) Rs.1,20 t 0O/- (4O,OOO ; 3) Rs.1,25.t OO/- Pajn and suffering Rs.5O,0J )/- Extra nourishment, diet and Rs.1O,Ol )/- attendant char Tota-l Rs.3,O5,t 0O/-

20. In the result, MACMA.No.24| of 2022 is parrl . allowed and the compensation awarded by the Tribunal is enhan,: rd as under: a) The impugned award dated lg.O9.2O2( , passed in MVOP.No. 27t4 of 2015, stands modified. b) The compensation awarded by the , ,ribunal i.e., Rs. 1,85,000/- is enhanced to Rs.3,OS,OOO/- rogether with interest at the rate of 9o/o per zrnnum fro n ttre date of -/ I fiting the petition till realization . I I i I I I I l 818 BRMR' J MACMA.No. 241 of 2022 c) Appellant-petitioner is permitted to withdraw the entire amount with costs and interest thereon without furnishing securit5r. d) The respondent Nos.l 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. As a sequel miscellaneous application/applications pending, if any, sha-ll stand closed. No costs. SD/- T.SI{INIVASA REDDY ASSIS-IANT REGIST //TRUE COPY// SECTION OFFICER To, Citv Civil Court, Hyderabad. 1'TheMotorAccidentsClaimsTribunal-cum.thecourtoftheChiefJudge' 2 5;'e cCi; sii. CsrnRRN REDDY Advocate [oP^uc] 3. o;; cc i" sni. sRl. A. MALATHI Advocate IoPUC] 4. Two CD CoP'es GE/PSL M- \ HIGH COURT DATED:14l0Bt2O2s JUDGMENT MACMA.No.241 of 2022 11ii:5i,i"€ \,;:: (v t:Jo (_ -^"( \'l \t\', tuc' {.o,rjr,'li'- ':-.. i, i:'l rl; I ti',/ ,,/. PARTLY ALLOWING MACMA WTHOUT COSTS a^ [$r 1 \c \l\ t i I I I i tN THE HIGH COURT FOR THE STATE OF TELANGANA ATTHYOERABAD THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENry FIVE PRESENT [ 31481 THE HONOURABLE JUSTICE B.R.MADHUSUDHAN RAO MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL N Oz 241 oF 2022 Appeal filed under Section 173 of M.V.Act, against Order and Decree dated Dt.18-9-2020 passed in M.V.O.P.No.2114 of 2015 on the fite of the court of the Motor Accidents Claims Tribunal-cum{he Court of the Chief Judge, City Civil Court, Hyderabad. Between: Sumayya Zareen, D/o. Late Mohammed Mujeetuddin, Aged ab-out 22 years, Occ. Studeiri, N/o. H.No.18-2-33. Addaguntapalli, Ramagund-am, Karimnag-ar District, T.S., Presently R/o H.No 8-3-169/21 1, Habeeb Fatimanagar, Borabanda, Hyderabad. ..APPELLANT/PETITIONER AND 1 2 Khaia Safuddin, S/o. Khala Mohrnuddin, Aged. Maior, Owner of TATA Venture Omni bearing registratron No AP 15AZ 4747, R/o.H.No. 6-1-m5, Ashok Nagar, Karimnagar Towh, Karimnagar Distrrct, T.S. - 505 001. United lndia lnsurance Company Limited, Through its Regional Manager, T.P.Hub, ll Floor. Church Building. Posnet Bhavan, Tilak Road, Ramkot, Hyderabad, T.S. (Respondent No.'1 not a necessary party) ...RESPONDENTS/RESPONDENTS This appeal coming on for hearing and upon perusing the grounds of appeal, the.iudgment and Decree of the Lower Court and the material papers in the case and upon hearing the argument of SRI C. SHARAN REDDY' Advocate for the Appellant and none appeared for RespoMent No.l and MS. A. MALATI' Advoc€te appeared for Respondent No. 2. /,/ This Court doth Order and Decree as follows: 1- That the Motor Accident Civil Miscellaneous Appeal be and is hereby partty aHowed.

2. That the compensation be and is hereby enhanced 1 'om Rs.1 ,85,0001 to Rs.3,05,000/- together with interest at the rate of 99, per annum from the date of filing the petition till realization.

3. That the appellant-petitioner be and is hereby perrr led to withdraw the entire amount with costs and interest thereon without frr rishing security. 4. That the respondent Nos. 1 and 2 are hereby directed t, deposit the awarded amount jointly and severally with interest and costs les ; the amount already paid if any within a period of 60 days from the date of re ceipt of a copy of this iudgment.

5. That there shall be no order as to costs in this appeat sDl- t!RTNTVASAREDDY ASS : I'ANT REGISTRAR lfirue Copyll To City Civil Court, Hyderabad. 1, The Motor Accidents Claims Tribunal-cum-the CJ,t of the Chief Judge, 2 Two CD Copies. GE/PSL llcror oFFrcER \ \ HIGH COURT DATED:14l0812025 DECREE MACMA.No.241 of 2022 PARTLY ALLOWING MACMA WITHOUT COSTS \r, 10