Pallapu Anjaiah v. 1. Kunchepu Papaiah

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No. 3448 of 2OO9 JUDGMENT: This appeal is filed against the Order dated 17.06.2O09 in O.P.No.82!r of 1999 passed by the Motor Acr:ident Claims Tribunal (lll Additional District Judge), (F.T.C.), Nizamabad.

2. The appellant/petitioner frled O.P.No.8l29 of 1999, claiming compensation of Rs. 1,0O,OO0/- for injuries sustained by the pt:titioner in the road trafhc accident occurred on o 1.o9.1998.

3. Learned counsel for appellant/petitioner r;tated tJlat on behalf of the petitioner, P.Ws.1 to 4 were examined and Exs.A1 to A4 and Cl ancl C2 u'ere marked. R.W. 1 was examined and Exs.B 1 to 84 u,erc marked on behalf of responderrts.

4. The Trial Court dismisscd the petition. Algrieved by the said order, the pctit-ioncr has filcd the present appeal

5. Heard both sides. Pcrused the record.

6. P.W .3 statecl that zrs per case sheet, petitioner was brouqht t() thc hospital and he was having bande.ges to both the ankles. As per evidence of P.W.2, he sustained, fracture of left leg near knce. P.W.4 stated that pctitioner sus-_ained injury of left knee, right lect an<l anklc. ! i I I I 2 7 . Considering the nature of injuries, this Court finds it reasonable to grant Rs.3O,OOO/- towards injuries, Rs.10,0OO/- towards pain and suffering, Rs. lO,OOO/- towards loss of amenities, Rs. 1O,O00/- towards extra nourishment, Rs. 10,0OO/- tou,ards transportation and Rs. 1O,OOO/- towards attendant charges, Rs. 1O,OOO/- towards medical expenses and Rs.40,0O0/- towards loss of earnings, as he might not have attended any work for a period of 8 months.

8. Therefore, the appellant/petitioner is entitled for the compensation in the following terms: I 2 3 4 5 6 7 8 I'njuries Pain and Suff'ering [,oss of Amenities Transportation Extra nourishment Attendant charges Loss of earnings Medical expenses --l Rs.3O,OO0/- Rs. 10,OO0/- Rs.10,OO0/ Rs. 10,0O0/- Rs. 10,0O0/ - Rs.lOOOO/- Rs.40,000/' Rs. 1O,OO0/ TOTAL Rs.1,3O,OOO/-

9. [n the result, the appeal is allowed by granting compensation amount of Rs. 1,30,O00/ - (Rupees One Lakh Thirty Thousand only) with interest at the rate of 7 .5'/o per annum from the date of filing the petition till date o[ realization. Respondent No.3 shall deposit the entire amount within a 3 period of one month from the date of receipt of a copy of this order. On such Deposit, the petitioner is permitted to w'ithdraw the total amount along with interest accrued on it. The appellant/petitioner is directed to d,:posit defrcit court fee on the enhalced amount. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. To, rsD/- A.V.SfPRASAD DI=PUw REctsrRAR //TRUE COPY// ) SECTION OFFICER

1. The Motor Accident Claims Tribunal lV Additiona Distict Judge(FTC ), Nizamabad (With Records)

2. One CC to SRI SUBBA RAO KORRAPATI Advocate [Ol]UCl 3. One CC to SRI T LAXMIKANTH SARMAAdvocate [OPLC] 4. One CC to SRI V VENKATARAM REDDY Advocate [OPUC] 5. Two CD Copies MY/PSL HIGH COURT DATED:2110412025 JUDGMENT + DECREE MACMA.No.3448 of 2009 /. I._) iU \. .-. ,1: ;)la, -1"/' -+-*.:--\ 1t. i, T l-;: j:::).. ' ,,'la\ .,:,J\ sr.P 1$6 jti *): , _/ .i..:/ .L,i' ,(" ::c- 1-++ i tl" ;..,"' 1' ";:1.. ALLOWING THE MACMA WITHOUT COSTS o <:::>4 ( I [ 32081 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3448 OF 2009 Between: Pallapu Anjaiah, S/o Sataiah, aged 20 years, Caste: wadder, Occ:Labour R/o Sarangapoor Village, Nizamabad District. ...Petitioner AND

1. Kunchepu Papaiah, S/o Sailoo, Aged 25 years, Caste :wadder, Occ:Driver of lorry No. AP 25 T 5310, R/o Sarangapur Village and Mandal, Nizamabad District.

2. Kunchepu Ravi, S/o Sailoo Owner of lorry No. AP 25 T q910 R/o Sarangapg Village ind Mandal, Nizamabad District. Iminor,rep.by Kunchepu Sailoo, S/o Papaiah,Age 50 years

3. National lnsurance Company Limited,, Rep.by its Branch Manager, situated at Laxmirajam Complex, Jdwahar Raod, Nizamabad impleaded as per order dtd. 07-06-2007 in lA No. 8/07 ...Respondents Appeal filed under section 173 of M.V.ACT against judgment dated .17{6-2009 iri O.p.tto. 829 of 1999 on the file of the court of the MotorAccident Claims Tribunal lll Additional Distict Judge,(FTC) Nizamabad. This Appeal coming on for hearing and upon perusing the grounds of the appeal, the Judgment and Decree of the Lower Court and the material papers in the Suit and upon hearing the arguments of Sri Subba Rao Korrapati , Advocate for the Appellant and sri T Laxmikanth Sarma , counsel for Respondent No.2, Sri V Venkataram Reddy, Counsel for Respondent No.3 and none appeared for the resPondent No. 't. This Court doth Common Judgment and Decree as follows:- 1 . That the MACMA be and here by is allowed by granting compensation amount of Rs. 1,30,000/- (Rupees One Lakh Thirty Thousand Only) with interest at the rate of 7'5 o/o per annum from the filing of the petition till +fl :1:[",*?ii,_.*l:?".],,,1S;Bi:f ji'd;'"li^il3]5]1,-itnilaoeriol ?l:ffi I:[l';"#J!; :il: ;:l"ffi; l' p'i'i'itt"o to wil hd raw the amou nt to deposit deric'it court ree on the ?Hl#:1[:[::1,'r::itf'L?'l"itoi'"t'o enhanced amount ,- - ^^. to costs in this Appeal That there be no order as 2 3 4 5 al)/- p \i \ t ! .V.S.PRASAD REGISTRAR t t, iECTION OFFICER //TRUE COPY/' To, 1 The Motor Accident Claims Tribunal lV Additional Distict i;;d;GiC)' Nizamabad

2. Two CD CoPies MY -ii l I HIGH COURT DATED:21l,0#2025 DECREE MACMA.No"3448 of 2009 ALLOWING THE MACMA WITHOUT COSTS r')'a l1 v