The High Court · 2025

Counsel for the Appellant: MR. P RADHIVE REDDY Counsel for the Respondent No.2: MR. N.J. SUNIL KUMAR Counsel for the Respondent No.1: NONE APPEARED The Court delivered the following: Judgment THE HONOURABLE SMT. JUSTICE P.SR]OE SUDHA M.A.C.M.A.No.2 158 of 2OO9 JUDGMENT: This alrpeal is filed against the Order date<l 27.O2.2OO7 in O.P.No.1825 of 2003 passed by the Mot,rr Accidents Claims Tribunal cum-lll Additional District Jrrdge (F.T.C), Nizamabad.

2. The appellant/petitioner hled O.P.No.18:25 of 2OO3, claiming compensation of Rs.3,O0,000/- lbr injuries sustained b,y the petitioner in the road trit fic accident occurred <tn 17 .ll.2OO3

3. Learned counsel for arp pellant/ petitioner s;r ated that on behalf of the petitioners, P.Ws. I and 2 were e >:amined and Exs.Al to A14 were marked. Ex.B1 was markerl on behalf of responden ts.

4. The Trial Court considering the oral and riocumentary evidence granted Rs.36,0OO/- with interest (,i) 7.soh per annum frr>m the date of petition to till the dat : of deposit. Challenging the quantum of compensation as meagre, the petitioner has filed the prescnt appeal.

5. Heald both sides. Penrsed the record. 2

6. As per the evidence of p.W.2, doctor, petitioner sustained fracture of right femur middle third and superhcial abrasion over the foot on right side. He underwent surgery on 20.11.2003 by fixing nai1. petitioner cannot sit and squat on the floor and he sustained 2So/o perrnanen t partial disability. 7 . Considering the nature of the injuries, this Court finds it reasonable to grant Rs.20,000/_ towards injuries, Rs. 1O,000/- towards pain and suffering, Rs. 10,0OO/_ for loss of amenities, Rs. lO,0O0/- for transportation, Rs.1O,000/ for medical expenses, Rs.1O,00O/- for extra nourishment, Rs. 10,OO0/- towards attendant charges and Rs.4O,OO0/ (5000 x 8) under the head loss of earnings as he might not have attended duties for a period of g months. B. Therefore, the appellant/petitioner is entitled for the compensation in the following terms: 1 2 J 4 5 6 Injuries Pain and Suffering Loss of Amenities Transportation Extra nourishment Attendant charges Rs.2O,O00/- Rs. 1O,0OO/- Rs. 1O,000/- Rs.1O,OOO/ Rs. 10,00O/ Rs. 1O,OO0/- 7 8 J Medical expenses Loss of earnings TOTAL Rs 10,000/- Rs 40,000/- Rs,J,25,OOO/-

9. In the result, the appeal is partly allowed .rv enhancing the compensation amount from Rs.36,000/_ to F1s.1,25,000/_ (Rupees One Lakh Twenty Five Thousand onlyl with interest at the rate of 7.5%o per annum from the date of frling the petition 1.i11 date of realization. Respondent No.2 shall deposit the entire amount within a period cI one month from the date of receipt of a copy of this order. On such Deposit, the petitioner is permitted to withdr- rw the total amount along with inter.est accrued on it. .lhere be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPYII SD/- T JAYASREE PUry REG]STRAR ;ECTION OFFICER T U: 1' The chairman Motor Accidents craims Tribunar - cum - , Additionar District and Sessions Judge (Fast Track Court) at f,lLamaOaO (W,th R;;o;;;i 2. One CC to SRt. p RADHIVE REDDy Advocate [OpUC] 3. One CC to SRt. MR. N.J. SUNIL KUIVIAR Advocate [O[,UC] 4. Two CD Copies MMT w HIGH COURT DATED:0810412025 \HE SIAI-,i,rr.-. ,. } '.\ i''ii '.- \\ I ri'i 2m ,li L) JUDGMENT + DECREE MACMA.No.2158 of 2009 2 DRAFTS PATLY ALLOWING THE MACMA WITHOUT COSTS GLO6Jl &€ I IN THE HIGH COURT FOR TtIE STATE OF TELANGANA AT HYDERABAD [ 3208 ] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MIS CELLANEO US APP EAL NO: 21s8 0F 2009 Between: Vollepu Anantharao rO Voltepu Rajaiah, S/o. Vollepu Eglaiafr, aged 29 years, _;r, _ iuppri6i an'o-n"jricu"riu,e, R:/o. Manchippa Viilase, R,:rr.rl"j."fr1ll3[ AND ...ClaimanU Appellant '1 . B. Mothilal, S/o. Seetharam, aged 34 years, Occ: Business _ cum _ Owner of Auto bearins No Ap 25 U 552-8; RL. A;;;4fi;g", Nizamabad District. 2. The National Insurance C:Tpany Limited, Represented by its Branch fVlanaser, Branch office, s. Lli#ira, ct";preii.L*"nur. nora, Nizamabad. ...Respondents/Respondents Appeal fired under section 173 of Motor Vehicres Act against the order and decree in M.V.o P.No.1B2s of 2003- dated. zttoiiiooi fire of the court of the chairman Motor Accidents craims rriounlf - c# - ,r Additionar District and Sessions Judge (Fast Track Court) at ruizamaOaO. 'o-n '*," This appear coming on for hearing and upon perusing the grounds of appear, the Judgment and Decree of the Tribinal ,ni tf,J ,"t"rirl' p"p"r. in the lvlVOp and upon hearing the arguments^of p RADHTvE ne ooi, Iouo.ate for the Apperants and A/R. N. J. SUNIL KUMAR, Advocate for. tf,"E.pondent No.2 and NON APPEARED, for the Respondent No.1 . This court doth Order and Decree as follows

1. That the l/otor Accident Civil Miscellaneous appea :re and hereby is par y allowed;

2. fhat the compensation amount awarded from Tribr.mal be and hereby enhanced from Rs.36,0001 to Rs. 1 ,25, 0001- (Rupees One Lakh Twenty Five Thousand Only) with interest at the rate of 7.51 per annum from the date ol filing the petition till date of realization;

3. The Respondent No. 2 shall deposit the entire amoJnt within a period of one month from the date of receipt of a copy of this crder;

4. On such Deposit, the petitioner be and hereby pernritted to withdraw the total amount along withdraw the total amount along \vith interest accrued on it; 5- That save as aforesaid, the decree of the Tribunal S;lrall stands Confirmed in all other respects; and

6. That there be no order as to costs in this appeal To, //TRUE COPY// f SD/. T JAYASREE IEPUTY REGISTRAR \-- I --'- SECTION OFFICER -=-

1. The chairman Motor Accidents claims Tribunal - cum lll Additional District and Sessions Judge (Fast Track Court) at Nizamabad.

2. Two CD Copies MMTv HIGH COURT DATED:0810412025 \ I DECREE MACMA.No.2158 of 2009 PATLY ALLOWING THE MACMA WITHOUT COSTS t\.rd4 fr-\"