The High Court · 2025

THE HONOURABLE SRI JUSTICE N.TUKARAMJI M.A.C.M.A No.54 OF 2008 JUDGMENT: This appeal has been filed by the appellanUclaim petitioner challenging the quantum of compensation awarded in the Decree and Judgment dated 24.04.2007 in O P.No.381 of 2003 passed by the Chairman, Motor Accident Claims Tribunal-cum- V Additional District Judge (FTC) Nizamabad (hereinafter 'the Tribunal')

2. Heard Mr.K Sai Krishna, learned counsel, representing lrilr. K.Venumadhav, learned counsel on record for the appellant and l\4r.Ch. Venkata Narayana, learned counsel, representing I\/r.P.Bhanu Prakash, learned counsel on record for respondent No.2/lnsurance Company. 3 The appeilant's/claim petitioner's case in brief is that, on

18.11.2002 at about 5.30 PM, while he was proceeding on his Scooter bearing No.AAJ-3'l 9, at Mentrajpally Village shivar one APSRTC hired bus bearing No AP-23-T-5100 came from opposite direction in negligent manner, dashed the Scooter and \ \ 2 NTR,J MACMA No.54 of 2008 caused severe injuries to him. Thereafter, pleading medical expenditure and disability, instituted claim for Rs.3,00,0001 (Rupees Three Lakhs only) as compensation. The Tribunal, on considering the evidence awarded Rs.31,500l.with proportionate costs and interest @ 7 5% per annum from the date of petition till realization against the owner and insurer of the bus/R1 and R2.

4. The solitary ground urged by the appellant is that the Tribunal failed to properly appreciate the oral and documentary evidence in awarding medical expenditure. The appellant as PW'l asserted in the witness box that Rs.33,000/- has been spent towards medical expenditure. Doctor/PW2 deposed supporting the final bill of Rs.19,500/- in Ex.A8, however, the Tribunal without considering the testimony of the appellant about the medical expenses incurred, granted Rs.19,500/- towards medical expenditure and Rs.4,0001 towards extra diet and attendant charges. Hence, prayed for reconsideration

5. Learned counsel for the lnsurer/R2 contended that medical expenditure has been properly considered by the Tribunal and leniently awarded the amount. Thus, no reason is made out for inference in the appeal ..,t:, 3 NTR,J MACMA No.51 ol 2008

6. I have perused the materials on record 7 . As per the materials, PW1 had asserted that the medical expenditure was about Rs.33,0001 including the final bill of Rs.19,500/-. Nothing contra has been biought out in cross-examination against this specific statement. Additionally, having accepted the final bill, for medicine, the Tribunal by observing the treatment it would cost only Rs.100/- per day and for 40 days granted Rs.4,0001, in all Rs.23,500/-. This reasoning is lacking justification. Having regard to this position, granting Rs.33,0001 as claimed towards medical expenditure, including the final bill by maintaining other amounts awarded by the \ \ Tribunal, is found appropriate B. Resultantly, the appellant would be entitled for the following amounts as compensation DESCRIPTION Medical ex ENSES Extra-diet and attendant Pain and sufferi!g Loss of earning S ES TOTAL ANNOUNT lBcl 33,000/- 4,000/- 4,000/- 4,000t- 45,00od 9 ln the result, the M.A.C.M.A is partly allowed by granting Rs.45,0001 (Rupees Forty Five Thousand only) with 4 NTR,J MACMA No.54 ol 20OB proportionate costs and interest at the rate of 7.soh per annum from the date of the petition till realization. The insurer/respondent No.2 is directed to deposit the differential amount of compensation within one month from the date of receipt of a copy of this judgment. On deposit, the appellant is permitted to withdraw the entire amount. ln the above terms, the impugned decree stands modified. As a sequel, pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Sd/. K AMMAJI ASSISTANT REGISTRAR SECTION OFFICER To ,1-TheChairman'MotorAccidentClaimsTribunal-cum.VAdditionalDistrict ' irioe iEl"t riack Court) at Nizamabad (With-Records if any) 2 o-ne"ac to snt. K VENUMADHAV, Advocate [oPUC] S One CC to SRl. B DEVANAND, Advocate [OPUC] 4. Two CD CoPies HIGH COURT DATED: 23t0112025 , i 1EL4 , aa, \\lii JUDGMENT \ ' MACMA.No.54 of 2008 ''ilt: .,'.-., l9)l!lF $* c PARTLY ALLOWED 7 A/ 7 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE N.TUKARAMJI MOTOR ACCIDENT CIV IL MISCELLANEOUS APPEA L NO: 54 OF 2008 Between: Golla Muthenna, S/o. Nadipi Bojanna Agriculture R/o Laxmapur Village, Jakranpalli Mandal, Nizamabad District ...APPELLANT/PETITIONER AND 1 2 M/S. G.B.R. Travels Private Limited, Owner of bus BgNoAP23T-5'100, Rio.CommUnity Hall, RTC Quarters, Kachiguda Railway Station, Hyderabad New lndia Assurance Company Limited, rep., through its Branch !a1gger, - Oft"e at Door io.5"2-17412, ll Floor Madanmohan Buildings, fjr"n"n R.P.Road, Secunderabad ...RESPONDENTS/RESPONDENTS Appeal filed under section 173 of Motor vehicles Act., against the Judgment and decree, made in o.P.No.381 0f 2003 dated. 24.04.2007 0n the file of the chairman, Motor Accident claims Tribunal-cum- V Additional District Judge (Fast Track Court) at Nizamabad. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the court below and the material papers in the MVOP and upon hearing the arguments of SRl. K VENUMADHAV, Advocate for the appellant and of SRl. P.BHANU PRAKASH, Counsel for the Respondent No 2' This Court doth Order and Decree as follows:

1. That the Motor Accident civil Miscellaneous Appeal be and hereby is partly allowed by granting Rs.45,000/- (Rupees forty five Thousand only) with Proportionate costs and interest @ 7.5o/o p.a. from the date of the Petition till the realization; .t To

2. That the impugned decree and Judgment stands is modified; 3. That the lnsure/respondent No.2 is directed to deposit the drfferential amount of compensation within one month from the date of receipt of a copy of this Judgment;

4. That on such deposit, the appellant is be and hereby permitted to withdraw the entire amount;

5. That the appellant be and hereby is entitled costs of Rs.1 001 to be paid by respondents. Sd/. K AMMAJI ASSISTANT REGISTRAR //TRUE COPY// RI ,*.,- OFFICER '1. The Chairman, Motor Accident Claims Tribunal-cum- V Additional District Judge (Fast Track Court) at Nizamabad.

2. Two CD Copies -- .. 't\L' e :' aF ii .$ *:'' \ .a" ll a li : t: . (r :r ;r C+'il /" HIGH COURT DATED: 2310112025 DECREE MACMA.No.S4 of 2008 PARTLY ALLOWED , 14 {ztza