The High Court · 2025

THE HON'BLE SMT. JUSTICE RENUKA'I {RA / JIIDGMENT:. M.A.C.M.A.No.3840 OF 2012 Heard Sri. K.Jagathpal Reddy, learned counscl br the appellant and Sri. A.Ramakrishna Reddy, learned Standing Cour r el for respondent No.2-lnsurance Company. Perused the record.

2. This is an appeal preferred by the appellant/clair Lant aggrieved by the order, dated 06.08.2012 passed in M.V.O.P. No. 2tir 8 of 2008 by the learned Chairman, Motor Accident Claims Tribunal-; rm-lX Additional Chief Judge (Fast Track Court), City Civil Court at Hy,l :rabad (for short, the Tribunal), wherein the claim petition fited by the rL1 pellant/ claimart seeking compensation of Rs.2,00,0O0/ - jointly ar t severally from respondent Nos. 1 to 3, has been allowed in part grant ng compensation of Rs.16,OOO/- with interest at the rate of 7o/o per ir .num. The claim petition was filed by the appellant/ claimant on ac( oun l. ol injuries sustained by her in a road traffic accident which occur r :d on 29.09.2OO8 when she was proceeding along with her deceas<:ri on. There is no dispute about the occurrence of the accident an. the liabitiry of respondent Nos. I to 3 to pay the compensation. challenging the impugned award is the quantun'r ' 'he only ground rI compensation awarded by the Tribunal. i I I I I 2 RY,J MACMA No3A40 oI2O12

3. It is acknowledged by the learned counsel for the appellant/claimant that thc appe llant/claimant sustained three simple injuries and as per statute, the claimant is entitled for pa5rment of compensation of Rs.15,00O/- towards treatment of three simple injuries. It is also borne by record that no doctor is examined and no medical billing personnel is examined to prove the medical bills of Rs.25,490/-. Pertinently, it is incumbent to examine the clerk issuing the medical bills but no such person was examined to prove the medical bills. Hence, this Court is not inclined to award any amount towards medical bills. F\:rther, the Tribunal has rightly awarded Rs. I,OOO/- towards damages to clothes, Rs.S,OOO/ - towards pain and sufferings, which needs no interference by this Court. However, the amount awarded by the Tribunal towards three simple injuries is enhanced from Rs. l0,OO0/- to Rs. 15,OOO/-. Thus, in all, the claimanr is e ntitled for the enhanced compensation of Rs.21,00O/- (Rs. 15,000 + Rs.l,OOO + Rs.5,000).

4. Insofar as the interest awarded by the Tribunal is concerned, the appellant/claimant is entitled to rate of interest at 9o/o per annum on the enhanced compensation from the date of petition till realization as per the decision of the Apex Court in AnJali and others a. Iakendra Rathod and. otherst. Hence, the interest granted by the Tribunal @ 7o/o per annum is enhanced to 9%o per annum on the enharrced '2022 SCC Online sc 1683 ! I I ! I t I t I I i i I ! 3 RY,J MACMA No-384o o!2012 compensatlon amount from the date of the petitj( n till the date of realization.

5. Accordingly, ttre M.A.C.M.A. is partly allovi d enhancing the compensation awarded by the Tribunal from Rs.16,0( t /_ to Rs.21,00O/_. The enhanced compensation amount shall carry int3-cst at the rate of 9o/o p'a from tr-re date of petition tilr the date of realiz,r ion, to be payable by the respondent Nos.l to 3 joinfly and severally. Ihere shall be no order as to costs. Miscellaneous Petitions, if any, pending in this : rpeal, shall stand closed sD/-t;RINTVASAREDDY ASSI iIANT REGISTRAR ,,TRUE COPY// SEcroN oFFrcER To, (Fast Track Courts) City Civil Courts, Hyderabad 1 The Moto Vehicles Accident Claims Tribunal-cum lX r\ lditional Chief Judge 2 One CC to SRl. JAGATHPAL REDDY KASI REDDY l.( vocate [OPUC] 3 One CC to SRl. A RAMAKRISHNA REDDY Advocate l( PUC] 4. Two CD Copies GE/PSL t-w H]GH COURT DATED:01/08/2025 JUDGMENT MACMA.No.3840 of 2012 a:1 ::Il..- d r,ilA )i:,... ("/i.\:. ( OR *.\:PN ir ii:5 E)) t\ ,l *";'iii ( ' -..' , :1;.,:.,.-;-::?- () 1 :" ?, ":.1 * jh- Dr \-+.r- ' : : ! 1 i I t I I i l i I ; I II T t I a I PARTLY ALLOWING THE MACMA WITHOUT COSTS 1b \D 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: 3840 OF 2012 Between: SHAIK GOWHAR BEGUM, Wo Shaik Ahmed Basha occ Tailoring and Embroidary Business, R/o of ALM Apartments, Flat No.201, H.NO.17-1-Al12, Santosh Nagar, Hyderabad. ...APPELLANT/PETITIONER AND

1. EVERGREEN FERTILIZERS AND PESTICIDES, Rep.byits Azam Rl/o. Sy.No.44, Shameerpet, R.R.District.

2. The Reliance General lnsurance Company Limited,, Registered Ofiice, Reliance Centre,19, Walchand Hirachand Marg. , Ballard Estate, Mumbai 400 001 , Represented by its Branch office, Regional Manager, B.O.Situated at 4th Floor, Sagar Plaza, near GPO, Abids, Hyderabad.

3. Munirmiya MD, S/o Yousufmiya, aged about 26 years, Occ: Driver, R/o 1-83, Kacharam, Yadagirigutta, Nalgonda. ...RESPONDENTS/RESPONDENTS Appeal filed under Section 173 of M.V.Act, against Order and Decree dated dt. 06-8-2012 passed in OP.NO 2858/2008 on the file of the court of the learned Moto Vehicles Accident Claims Tribunal-cum lX Additional Chief Judge (Fast Track Courts) 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 SRl. JAGATHPAL REDDY KASI REDDY, Advocate for the Appellant and none appeared for Respondent No.1 & 3 and SRI A RAMAKRISHNA REDDY, Advocate appeared for Respondent No.2. This Court doth Order and Decree as follows: 1, That the Motor Accident Civil Miscellaneous Appeal t,r and is hereby partly allowed.

2. That the compensation awarded be and is her rby enhanced from Rs. 16,000/- to Rs.21,000/-.

3. That the enhanced compensation amount shall carry rterest at the rate of 9ok p.a. from the date of petition till the date of realiza on, to be payable by the respondent Nos.1 to 3 jointly and severally.

4. That there shall be no order as to costs in this appeal. SD/- T: RINIVASA REDDY ASSII IANT REGISTRAR llTrue Copyll To

1. The court of the learned Moto Vehicles Accident \; ims Tribunal-cum lX Additional Chief Judge (Fast Track Courts) City Civil O, urts, Hyderabad. ,\ecrroN oFFrcER

2. Two CD Copies. GE/PSL M, bUGH COURT DATED:01/08/2025 DECREE MACMA.No.3840 o12012 PARTLY ALLOWING THE MACMA WITHOUT COSTS \ \\ LD