OOO/- per month. As per citatior reported in Ra,mrrchand.rappd v. Manager, Rogal Sund.arctm Alliance Irnsu

Petition under section 151 of cPC praying that in the cin)umstances stated in- the affidavit filed in support of the petition, the High court m:ry be pleased stay of all further proceedings including execution of the against the award and decree passed in OP No.2055 of 2005 dated 30th May,2007 passed b,7 Chairman, Motor Vehicle Accidents claims Tribunat cum Vt Additional District Judge [lll-FTc], Warangal at Mahabubabad. Counsel for the Petitioner : SRI HARINATH GUPTA Counsel for the Respondent No.l: SRI A PRABHAKAR RAO Counsel forthe Respondent No.2 : ___ The Court delivered the following: Common Judgment /' -/ THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No.2853 of 2OO7 & M.A.C.M.A. {SRl No.4797 of 2OO9t COMMON JTIDGMEITT: These appeals are filed against the Order dated

30.05.2007 in M.V.O.P.No.2O55 of 2OO5 pass;ed by the Chairman, Motor Accidents Claims Tritrr-rnal-cum-M Additional District Judge, (lll-F.T.C), lYarangal at Mahabubabad.

2. The claimant filed M.V.O.P.No.2055 of 2ttC5, claiming compensation of Rs.5,OO,OOO/- for injuries sustrrined by him in the road trafhc accident occurred on 15.09.2Ot1,1.

3. For the sake of convenience, the parties herein are referred as petitioner and respondents as arrayr:<l before the tribunal.

4. P.Ws. 1 to 3 were examined and Exs.Al ro A14 and Ex.C1 were marked on behalf of petitioner/ clairn ant. Ex.B1 was marked on behalf of respondents

5. The Tribunal considering the oral and l,rcumentary evidence granted Rs.80,250/ with interest rii 7.5o/o per 2 arrnum from the date of petition to till the date of deposit. Challenging the quantum of compensation as meagre, the petitioner has frled the present appeal.

6. Learned counsel for the claimant mainly contended that the petitioner sustained grievous injuries such as fracture tibia of left leg and shaft femur bone of let thigh and 2 other simple injuries and as per Ex.A1O, the disability certificate, the petitioner sustained disability at 3}o/o, but the tribunal did not considered the disability' Therefore, requested this Court to enhance the compensation by modifying the order of tl,e tribunal.

7. Heard both sides. Perused the record

8. As per the evidence of P.W.2, Orthopaedic Surgeon' who is working in Sri Ganesha Orthopaedic Hospital, he deposed that petitioner was admitted in Hospital on 15.09.2004 and on examination, he found the following injuries: (i) undisplaced fracture tibia of left leg. (ii) Fracture slnfi femur bone of lefi thigh. (iii) Abrasion of 3 x 2 cms ouer left leg. (iu) Abrasion of 3 x 3 cnLs ouer left knee. /, // 3

9. P.W.2 further deposed that petitioner sustained two grievous injuries and two simple injuries and zL surgery was conducted and K-nailing was done to his fracr ure injury in femur bone of left thigh and POP was applierl for fracture tibia bone of left leg. 1O. P.W.3, Orthopaedic Surgeon in M.Ci.lvt. Hospital, Warangal, deposed that on 24.O8.2006, tlrt: petitioner appeared before the Medical Board, M.G.M l{ospital for issuance of disability certificate and he e xamined the petitioner and assessed the disability to the ex:ent of 3O%o due to post traumatic stiffness of left knt:e , which is permanent in nature. I 1. The petitioner was aged 3O years al the time of accident. The petitioner was doing milk busir.ess and was earning Rs.8,OOO/- per month. As per citatior reported in Ra,mrrchand.rappd Vs Manager, Rogal Sund.arctm Alliance Irnsu"a,nce Conpang Llmltedl, this Court hnds it is just and reasonable to take his income as Rs.4,SOO/-. ()n perusal of the record, this court finds it reasonable to take his disability as 307o as per Ex.AlO and the appropriate mu rtrplier is 'l 7' and the compensation under the head 'disability' comes to ' 20 ll (li) scc 236 4 Rs.2,75,400/- (4500 x L2 x lZ x 3O%l and he is also entifled to Rs.15,00O/- towards pain and suffering, Rs. 15,000/_ towards loss of arnenities, Rs. 10,OOO/- towards extra nourishment, Rs. I O,O0O/ - . towards transportation, Rs. 1 O,OOO/ - towards attendant charges, Rs. 75, OOO/ - towards medical expenses. L2. Therefore, the claimant is entitled for the compensation in the following terms: 1 2 3 4 5 6 7 Pain and Suffering Loss of Amenities Transportation Extra nourishment Attendant charges Medial expenses Disability TOTAL Rs.15,OOO/- Rs.l5,OOO/- Rs. 1O,OOO/- Rs.1O,OOO/- Rs. IO,OOO/- Rs.7s,OOO/- Rs.2,75,4OO/ - Rs.4,1O,4OO/-

13. In the result, the M.A.C.M.A (SR) No.4Z9T of 20O9 is dismissed. M.A.C.M.A. No.2853 of 2OO7 is partly allowed by enhancing tJre compensation amount from Rs.8O,25O/- to Rs.4,1O,4OO/- (Rupees Four Lakhs Ten Thousand Four Hundred only) with interest at the rate of 7 .5%o per annum from the date of frling the petition till date of realization. 5 Insurance Company 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 claimant is prermitted to withdraw t.Ile total arnount along with interest rr<.crued on it. The appellant/petitioner is directed to pay the jehcit court fee on the enhanced amount. No costs. Miscellaneous petitions pending, if "ny, shall stand closed. To, ,TTRUE COPY" I;D/- MOHD. ISMAIL Qr F,UTY REGIST \SECTION OFFICER

1. The Chairman, Motor Accident Claims Tribunal-cum-Vl A<ld itional district Judge(lll Fast Track Court), Warangal at Mahabubabad (\Vth records, if any) 2 One CC to SRI A PRABHAKAR RAO, Advocate [OPUC] 3 One CC to SRI HARINATH GUPTA, Advocate [OPUC] 4 Two CD Copies ADK.rghp HIGH COURT DATED:07 10412025 COMMON JUDGMENT+DECREE .,.-;:# ;-E1ATE o MACMA.No.2853 of 2007 MACMA(SR).No.4797 of 2009 Ntt ].' )i; ./., .r:^'/,i' / L,) (.. 'i) I l..-- _ .:l MACMA.No.2853 ot 2007 is PARTLY ALI-OWED AND MACMA(SR).No.4797 ot 2009 lS DISMISSED WITHOUT COSTS t A. IN THE HIGH COURT FOR THE STATE OF TELANGANA ATHYDERABAD MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MAMCA NO:2853 OF 2007 AND MACMA(SR) NO:4797 OF 2009 MAMCA NO: 2853 OF 2OAl Between: Jaggarapu Pullaiah, S/o.Odelu, Occ: Milk Business, Rl/o. ltukalapally Village, Narsampet Mandal, Warangal District. ...AppellanUClaimant AND

1. 2 B. Venkateshwarulu, S/o.Agaiah, Occ: Business, R/o. H. No. 1 3-4-'1 94, Gopalaswamy Temple Bommalagudi Lane, National lnsurance Company Limited, rep., by its Branch Manager, P. B. No.84, H.No.8-12-21'1, J. P.N.Road Warargal. ...Respondents/Respondents MACMA(SR) NO:4797 OF 2009 Between: National lnsurance Company Limited, rep., by its Branch Manager, P.8.No.84, H. No.8-1 2-211, J. P.N.Road Warangal. AND 1 Jaggarapu Pullaiah, S/o.Odelu, Occ: Milk Business, R/o Narsampet Mandal, Warangal District. Itukahpally Village, ...AppellanURespondent No.2 ...Respondent No.'llClaim Petitioner

2. B. Venkateshwarulu, S/o.Agaiah, Occ: Business, R/o. H. No.'13-4-194, Gopalaswamy Temple Bommalagudi Lane, R -2 dismissed for default vide court order dated 19-12-2011. ...Respondent No.2/Respondent No.1 i,/ Appeal filed Under Section 173 of Motor Vehicles Act,1S|88 against the Order and decree in M.V.O.P.No.2055 of 2005 dated.30-05-2007 on the file of the Court of the Chairman, Motor Accident Claims Tribunal-cum-Vl Additional district Judge, (lll Fast Track Court), Warangal at Mahabubabad. .-i " , This appeal coming on for hearing and upon perusing tl'e grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the Case and upon hearing the arguments of SRI A PRABHAKAR Ry'.C), Advocate for the Appellant in MACMA.No.2853 of 2OO7 and Reslondent No.1 in MACMA(SR).No.4797 of 2009 and of SRI HARINATH GUP1F,, Advocate for the Respondent No.2 in MACMA.No.2853 of 2007 and Petitioner in MACMA(SR). N o.4797 or 2OO9 This Court doth Order and Decree as follows:

1. That the MACMA(SR) No.4797 of 2009 be and hereby is dismissed; 2. That the MACMA No.2853 of 2OO7 be and hereby is partly allowed by enhancing the compensation amount from Rs.80,250/- to Rs.4,10,400/- (Rupees Four Lakhs Ten Thousand Foui Hundred onlyt with interest at the rate of 7.5o/o per annum from the date of filing' the petition till date of realization;

3. That the lnsurance Company shall deposit the entire anrount within a period of one month from the date of receipt of a copy of this ord =r;

4. That on such deposit, the claimant is permitted to withdraw the total amount along wrth interest accrued on it, i

5. That the appellanVpetitioner is directed to pay the deficit court fee on the enhanced amount,

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

7. Thal there shall be no order as to oosts in this appeal. ,ITRUE COPYII D/- MO MAIL EGISTRAR D SECTION OFFICER To,

1. The Chairman, Motor Accident Claims Tribunal-cum-Vl Additional district Judge(lll Fast Track Court), Warangal at Mahabubabad

2. Two CD Copies ADK HIGH COURT DATED:0710412025 DECREE MACMA.No.2853 o12007 AND MACMA(SR).No.4797 of 20Og MACMA.No.2853 ot 20O7 is PARTLY ALI.OWED AND MACMA(SR).No.4797 of 2009 lS DISMISS}ED WTHOUT COSTS