The High Court · 2025

Counsel for the Respondent No.2: SRI R.VENKAT RAO Counsel for the Respondent No.1: None appeared The Gourt made the following: JUDGMENT / I r' I THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No.243l of 2OOz JUDGMENT: This appeal is filed against the Order dated O4.Ol.2OO7 in O.P.No.851 of 2OO4 passcd by the Chairman, Motor Accidents Claims Tribunal (lll District Judge, I F.T.C) at Nalgonda.

2. The appellant/petitioner filed O.P.No.SSl of 2OO4, claiming compensation of Rs.2,OO,0OO/- for injuries sustained by the petitioncr in thc road traflic accident occurred on 26.05.2004. 'lhc Police, Miryalaguda town registered a case in Crime No.85 of 2OO4.

3. Learned counsel lor ap pellant / petitioner stated that on behalf of the petitioners, P.Ws. I zrnd 2 were examined and Exs.Al to A9 were marked. Ex.Bl u'as marked on behalf of respondents.

4. The Trial Court consi<lcring thc oral and documentary evidence granted Rs.96,O00/- u'ilh interest @ 7.5o/o per annum from the date of petition to till the date of deposit. Challenging the quantum of compensation as meagre, the petitioner has Iiled the present appeal. I

5. Heard learned counsel for appellant. No representation 2 on behalf of respondents. Perused the record.

6. As per the evidence of P.W.2, doctor, stated that petitioner sustained post operative DHES, right side for E.C fracture femur, postoperative V' nail left tibia for fracture tibia. As per Ex.A3, wound certificate, petitioner sustained following injuries; 1 . Cut injury ouer right side of the hip 2. Abrasion measuring 6x2x1/2 irrch-es belout the lefi

3. Abrasion ouer the left foot. 4. Fracture of right clauicle. 5. Fracture of index middle finger of proimal phalange.

6. Fracture of right fentur lower 1 / J,a of femur.

7. Considering the naturc of the injuries, this Court {inds it reasonable to grant Rs.2O,O00/- towards pain and suffering, Rs.2O,OO0/ - for loss of amenities, Rs.1O,O00/- for transportation, Rs. 15,000/ - for medical expenses, Rs. 10,000/ - for extra nourishment, Rs. 10,00O/- towards attendant charges. 'll-rc trial Court granted Rs.56,OOO/- towards injuries and this Court finds no reason to interfere with the same. Hc n as an employee of Singareni Colleries I I r' J and was earning Rs.12,OOO/- p.m and due to his injuries he was declared as unfit for coa-l filler and was posted as General rr,azdoor and posted to Ramagundem and he relieved from there on 28.11.2005 and reported to duty on Ol.l2.2OO5. As per Ex.AS, the total salary of the petitioner at the time of accident was Rs. 12,824.55 Ps. ancl after deductions of Rs.3,4O1.55 and he was getting a net salary of Rs.9,42O/- p.m. He did not attend the duties frorn 26.O5.2004 til December 2005. He is entitled for an amount of Rs.2,43,608/- (Rs. 12,821.5 x 19 months) under the head 'loss of earnings'.

8. Therefore, the appellant/ petitioner is entitled for the compensation in the following terms: t. 2 3 4 5 (, 7 Pain and Suffering Loss of Amenities Transportation Extra nourishment Attendant charges [,oss of earnings Medical expenses TOTAL Rs.2O,OOO/- t1s.2O,000/ - lls. IO,0O0/- Rs 10,0OO/- Rs. 1O,OO0/- Its.2,43,608/ - Rs. 15,OOO/- Rs.3,28,6O8/- t I \ 4

9. In the result, the appea_l is allowed by enhancing the compensation amount from Rs.96,0OO/- to Rs.3,28,6O8/- (Rupees Three lakhs Twenty Oight Thousand Six Hundred and Eight only) with intercst at the rate of 7.5ok per annum from the date of filing the petition till date of realization. Respondent No.2 shall deposit the entire amount within a period of one month from the date of receipt of a copy of this order. On such deposit the petitioner is permitted to withdraw the entire amolrnt along with interest accrued on it. Thc appellant/ petitioner shall pay the deficit court [-cc on the enhanced amount. There shall be no ordcr as to costs. Miscellaleous pctitions pcnding. if any, shall stand closed. I To, gDl- t1.93mA,0 At 1 BM4 {sTAdTREGTSTRAR #TRUE COPY// CTION OFFICER \

1. The Court of the Chairman, Motor Accident Claims Tribunal-cum-lll Additional District Judge (FTC) at Nalgonda.

2. One CC to Sri M.Rajamalla Reddy, Advocate [OPUC] 3. One CC to Sri R i*s@der. Advocate [OPUC] 4. Two CD Copies ve l<a'r I ASANtsw I I I I I HIGH COURT DATED:2610312025 JUDGMENT+DEGREE MACMA.N o.2431 ot 2O07 st tt$ $t t I I o + i. ALLOWING THE MACMA WITHOUT COSTS G.-"q*tlt Yi- <(t; f i [ 3208 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2431 OF 2007 Between: Nandyala Srinivada Reddy Talakola Srinivasa Reddy, S/o.Venkata Reddy Employee in Singareni Collieries R/o.Kothagudem Village and mandal Bhupalpally Village and Mandal, Warangal District present ...Petioner/Appellant ANO 1 . L. Ramji, S/o.Rupla Owner of Auto Rickshaw bearing No.AP 24 U 9765 R/o.H.No.7-15-67, Shabunagar, Miryalaguda Nalgonda District

2. The New lndia Assurance Company Limited, rep., by its Branch Manager Branch Office, lFloor, Sangamithra Complex, Prakasam Bazar, Nalgonda ...Respondents/Respondents Appeal filed under Section 173 of Motor Vehicles Act against the Order and Decree made in M.V.O.P. No.851 of 2004 dated 410112007 on the file of the Court of the Chairman, Motor Accident Claims Tribunal-cum-lll Additional District Judge (FTC) at Nalgonda. 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 Sri M.Raj Mall Reddy, Advocate for the Appellant and of Sri R.Venkat Rao, Advocate for the Respondent No.2, and none appeared for the Respondent No.1. This Court doth Order and Decree as follows: 1 That the MACMA be and hereby is partly allowed by enhancing the compensation amount from Rs.96,000/- to Rs 3,28,608/- (Rupees Three Lakhs Twenty Eight Thousand Six Hundred and Eight only) with rnterest at the rate of 7.5Yo per annum from the date of filing the petition titl date of real2ation.

2. That the respondent No.2 shall deposit the entire amount within a period of one month from the date of receipt of a copy of this order.

3. That on such deposit the petitioner is permitted to withdraw the entire amount along with interest accrued on it-

4. That the appellanVpetitioner shalt pay thc d€ficit court fee on the enhanced amount.

5. That save as aforesaid, the Judgment and decree of the Tribunal shall stands confirmed in all other respects; and

6. That there shall be no order as to costs in this appeal. //TRUE COPY// SD/- M.OSMAN ALI BAIG ASSISTANT REGISTRAR CTION OFFICER J To,

1. The Court of the Chairman, Motor Accident Claims Tribunal-cum-lll Additional District Judge (FTC) at Nalgonda.

2. Two CD Copies ASAIVBw HIGH COURT DATED:2610312025 DECREE MACMA.No.2431 ot 2007 ALLOWING THE MACMA WITHOUT COSTS .'^d^