Ch.Venkata Rama Raju v. 1. N.Raghavender Reddy

Counsel for the Appellant : SRI K HARIMOHAN REDDY Counsel for the Respondent No.1 : Counsel for the Respondent No.2 : Counsel for the Respondent No.3 : SRI SRINIVASA RAO VUTLA - - The Court made the following: JUDGMENT ,,/ :' I THE HON'BLE SMT. JUSTICE RENUKA /ARA l JUDGMENT:- M.A.C.M.A.No. 96s OF 2023 This is an appeal preferred by the a[) ,ella n t/petitioner aggrieved by the order, dated 27.03.2023 passed ir Y.V.O.P No.2461 of 2015 by the learned Chairman, Motor Accident llaims Tribunal- cum-XIV Additional Chief Judge, City Civil Courts, Hyderabad (for short, 'the Tribunal'), wherein an amount of Rs.73,44 ,/- is awarded in a claim petition filed seeking Rs.11,00,000/- from .he respondents jointly and severally by the appellant due to the in r ries suffered by him in a road traffic accident.

2. Heard both sides. Perused the record.

3. The brief facts of the case are that on 26.t1 .2015 at about 7:55 A.M. when the appellant was going along with ris relative as a pillion rider on a Honda Activa motorcycle bearing I o.AP2BCA 8659 from Pragathi Nagar to KPHB Colony on the way wh :n they reached near Nizampet X roads, one RTC hired bus bearing ll r.TS15 UA 2525 driven by its driver in a rash and negligent man rer dashed the appellant motorcycle from back side, as a result, :l e appellant fell down and sustained head injury with dislocation of :5-C6, injury to forehead and blunt injuries all over the body. i ue to the loss incurred for the injuries sustained in the accident, ilr : appellant filed ,1 i i . t I I : a E E 2 claim petition seeking compensation oF Rs.11,00,000/- from the respondents jointly and severally.

4. In support of the claim petition, the appellant got examined P.Ws.1 and 2 and got marked Exs.A1 to A7. Respondent No.3 got marked Ex.B1-copy of insurance policy. Upon examining the evidence on record, the Tribunal awarded compensation of Rs.73,446/- with interest at 6% per annum leading to filing of the present appeal.

5. In grounds of appeal, the appellant pleaded that his monthly income is Rs.15.000/-, whereas the Tribunal has considered only Rs.5,000/- per month. Furtheri the Tribunal awarded meager compensation of Rs.5,000/- towards loss of earnings instead of Rs.90,000/-. The Tribunal ought to have awarded Rs.3,00,000/- towards loss of amenities, shock and mental agony. Furthe[ the Tribunal ought to have awarded Rs.1,00,000/- towards pain and suffering, but awarded only Rs.5,000/- and no amount was awarded towards permanent disability and lastly, the interest awarded is 6yo per annum instead of 9o/o.

6. Learned counsel for the appellant argued that the Tribunal erred in not considering the income of the appellant at Rs.15 ,0OO/- per month and that compensation is not awarded towards permanent disability, loss of earnings. pain and suffering, etc as per established ) 3 guidelines, whereas according to the learned coun; rl for respondent No.3, the Tribunal has awarded just and fair comperr ation.

7. A perusal of the record shows that as per f: R marked u nder Ex.A1 and charge sheet marked under Ex.A2, the al a private job. A private job cannot be equated wiil which is on the basis of daily wages and therefor( rella n t is holding a la bo u rer's job , legal ratio laid down in the judgment of the Hon,ble Supreme Corr t oF India in the case of Ramachandrdppa a. Manage4 Rogal Sun Taram Alliance Insurance Compang Litnitedt, cannot be appliec. When a coolie was earning Rs.5,000/- per month, a private job i r lder might have earned Rs.10,000/- per month in the year 201:; As such, the notional monthly income of a private job holder i- the absence of evidence is taken at Rs.10,000/- per month. So, the appellant is entitled for an amount of Rs.1O,OOO/- towards loss rf ea rn ings for a period of one month instead of Rs.5,000/_. As per i tjury certificate, the appellant sustained grievous injury. Therefore Rs.25,OOO/- is awarded towards pain and suffering For the grievous njury instead of Rs.5,000/-. B. As per the evidence of p.W.2, the appellarr is entitled to payment oF an amount of Rs.21,5o9/- towards mr: iical bills issued by Remedi Hospital, Kukatpaily. The appeilant is arsrr entifled for an amount of Rs.1O,OOO/- towards extra nourishment nd Rs.S,OOO/_ '1zor11 t: scc z:e t a towards transportation. None is examined to prove the percentage of disability if any suffered by the appellant and therefore, no compensation can be awarded on the said count. Howeveri the appellant suffered injury to the spinal card at C5-CG, hence, Rs.1,OO,OOO/- is awarded towards physical inconvenience caused to the appellant for the rest of his life. In total, the appellant is entifled to an amount of Rs.1,71,5O9/- towards compensation.

9. trrl the result, M.A.C.M.A. is parfly allowed. The compensation awarded by the Tribunal is hereby enhanced from Rs.73,446/- to Rs.1,71,5O9,/- with interest @ 9% per annum on the enhanced compensation from the date of petition till the date of realization. The enhanced compensation amount shall be deposited by the respondents jointly and severally within a period of two months from the date of receipt of a copy oF this ludgment. On such deposit, the appellant is entitled to withdraw the entire amount as apportioned by the Tribunal, without furnishing any security. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this appeal, shall stand closed. SD/-MOHD. ISMAIL DEPUTY REGISTRAR I F ,TRUE COPY// ECTION OFFICER The XIV Addl Chief Judge City Civil Courts' Hyderabad One CC to SRI K HARIMOHAN REDDY' Advocate [OPUC] One CC to SRI SRINIVASA RAO VUTLA' Advocate IOPUC] ,::j%*:*.--*=* Two CD Copies --.*:<=+# To, 1 2 J 4 # i&ir:s HIGH COURT DATED:01/0812025 JUDGMENT MACMA.No.965 of 2023 sE- STATE / a r o o 15 u$ ?i\?5 lr /'l' . '.'/' .f\ I Dp,q,rr.:". I - :*.:i -:. ' PARTLY ALLOWING THE MACMA WITHOUT COST{ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 965 OF 2023 Between: Ch Venkata Rama Raju, S/o late Rama Raju, Aged 40 years, Occ: Pvt. Job (Fitter), Presently nil, R/o H-No 1-2-471261G.1 , Srinivas Colony, Prashantht Nagar Kukatpally, Hyderabad. ...APPELLANT AND

1. N.Raghavender Reddy, S/o N.Laxmikanth Reddy Aged Major Occ. owner of Bus R/o H-No.3- 141 i 1, Rudraram Patancheru tvlandal,Medak Dist.

2. D.Birappa, S/o Narsimulu Aged Major Occ. Driver of Bus R/o H-No.1-3-46, Hanuman Nagar, Sanga Reddy, Medak Dist, 502001.

3. United lndia lnsurance Co. Ltd., Rep by its Manager, T.P.Hub, Possnet Bhavan, Tilak Road, Abids, Hyderabad, Presently at gth floor, UUI building, Basheer bagh, Hyderabad-500029 ...RES'oNDENTS Appeal filed under Sectron 173 of Motor Vehicle Act, against the order and decree 2710312023 passed in OP No 2461 of 2015 on the file of court of the XIV Addl. Chief Judge City Civil Courts Hyderabad. This appeal coming on for hearing and upon perusing the grounds of appeal, the judgment and Decree of the Lower Court and the material papers in the case and upon hearing the argument of SRI K HARIMOHAN REDDY, Advocate for the Appellant and none appeared for the Respondent No.1, and none appeared for the Respondent No.2 and SRI SRINIVASA RAO VUTLA appeared for Respondent No.3. This Court doth Order and Decree as follows: 1 That the Motor Accident Civil fVliscellaneus Appeal be and is hereby partly allowed.

2. That the compensation awarded by the Tribunz I be and is hereby enhanced from Rs 73,4461 to Rs.1 ,71 ,5091 with nterest @ 9% per annum on the enhanced compensation from the o:.e of petition till the date of realization. 3 That the enhanced compensation amount shall :: deposited by the respondents jointly and severally wrthin a period of .,vo months from the date of receipt of a copy of thrs Judgment.

4. That on such deposit, the appellant be and is hereby enti ed to withdraw the entire amount as apportioned by the Tribunal, r,r thout furnrshing any security.

5. That there shall be no order as to costs in this appeal llf rue Copyll SD/-MOHD. ISMAIL {) :PUTY REGISTRAR SECTION OFFICER To '1 . The XIV Addl Chief Judge City Civil Courts, Hyderabac 2. fwo CD Copies. GE/PSL HIGH COURT DATED:01/08/2025 DECREE MACMA.No.965 oI 2023 PARTLY ALLOWING THE MACMA WITHOUT COSTS .I