The High Court · 2025

10. The iearned trial Court after going throu6l L the evidence adduced by the appellant-petitioner coupled with E) s.A1 to .46 and Ex.B1 has as.arded an amount ol Rs.33,00O/- r,r'itlr interest @) per annrim from the date of petition tiil the da r of realization go/o holding respondent Nos.l to 4 are jointly and sevr:. ally to pay the amount

11. Learned counsel for the appellant-peti tioner lir .bmits that the award passed by the Tribunal is contrary to lau. ar d probabilities of the c:)and the Tribunal ought to have grante,l Rs.1,O0,OO0/- towards compensation with interest @ 24Vo per ir inum and the Tribunal ought to have seen that the appeilant_petir.i rner sustained s/8 BRMR, J MACMA.No.1588 of 20 l2 grievous injuries and has not analysed the evidence of pW.2 in proper manner. The Tribunal ought to have awarded Rs.25,OOO/_ towards pain and suffering, Rs.25,O00/- towards medical expenses, Rs.50,0OO/- rowards loss of income, Rs.50,0OO/_ towards fracture and prayed to allow the Appeal by enhancing the compensation.

12. Learned counsel for respondent No.4 submits that the learned Tribunal has properly appreciated the evidence in proper perspective by taking into consideration the documents marked thereon and rightly awarded the compensation, no interference is called for and prayed to dismiss the Appeal.

13. Appellant's counsel has hled Calculation Memb.

14.- Heard learned counsel on record, perused the material.

15. Now the points for consideration are : 1 . Whether the appellant-petiLioner was awarded just compensation, if so?

2. Whether ttre Award passed by the learned Tribunal suffers from any perversity or illegality. If so, does it require interference of this Court? Point Nos. 1 and 2:

16. Appellant-petitioner has challenged the quantum in the Appq*_ 6 8 BRMR, J I iACMA.No.1588 of 2012

17. The learned Tnbunal has awarded Rs.5,0C( / - tou,ards loss of earning, Rs.20,OO0/- for one grievous injury, Rs. ;,O00/- towards pain and suffering, Rs.3,O00/- towards medical e > penses, totaling Rs.33,ooO/ . 1 8. The evidence of the appellant-petitioner I r that he u,as working as an agriculturist and coolie and \r rs aged about 30 years as on the date of accident (03.06.200 i ) e rrd u.as earning an amount of Rs.2,000/ - per month. Doctor ha; advised him to take bed rest for a period of six months and he .,\ 'rs also advised not to do hard work for a period of one year.

19. PW2 - Dr. T.Madhan Singh deposed thar the appellant- petitioner has sustained one contusion u,hich is gr i :vous in nature as per Ex.A3 and the patient was advised to takt bed rest for a period of three to six months after surgery as th,: united. Patient was readmitted for further treatnr conducted surgery at Government Head euartc Khammam and steel nail was insertecl to the fenr was done free of cost in the Government Head etr Khammam. injury was not rnt and he has ^s Hospital at rr bone, which Lrters Hospital,

20. The learned Tribunal has awarded meagre r mounts under different heads; this Court feels that the appelll rt_petitioner is i i BRMR, J MACMA.No.1588 of 20 12 entitled for enhanced compensation under different heads. As the appellant-petitioner has stated that he is earning Rs.2,O00/- per month as an agriculturist and coolie, the same amount is taken for calculation of [oss oi earning.

21.1. The calculation arrived bv this Court is as under: S1.No. Name of the head Compensation awarded by this Court 1 2 4 5 6 7 8 Income Loss of earnings for a period of six months r month 2 000 One fracture injury (grievous) Pain & Suffe ring Medical expenses Transportation charges Attendant charges lor a period of six months .) oo0 r month Extra Nourishment Total Rs.2,000/- Rs.12,000/ (2,000 x 6) Rs.25,0OO/ - Rs.10,00O/- Rs. 2,40Ol- Rs.10,000/- Rs.12,00O/- (2,OOO x 6) Rs.1O,00O/- Rs.81,4OO/-

21.2. Interest awarded by the Tribunal i.e.,9%o is not disturbed Hence, Points are answered accordingly

22. In the result, MACMA.No.1588 of 2Ol2 is allowed and the compensation awarded by the Tribunal is enhanced as under: 8/a BRMR J -ACMA.No.l58a of 2012 a) The impugned award dated 02.06_2005, ;assed ir.r M.V.O.P.No.2 t2 of 2OO2, srands modified. b) The compensation awarded by the Tr.i : rnai i.e., Rs.33,000/ is enhanced to Rs.g 1,4OO/_ t,r,1 ther with interest (@ 9o/o per annum from the date ol filine thr: pctition trll payment. c) The respondent Nos.l to 4 are herebl, cl .ected to deposit the awarded amount jointl-y and ser.: .all1, rr.ith interest and costs less the amount already I rid if any within a period of 60 days from the date ol r. reipt of a copy of this judgment. d) Appellanrpetitioner is permitted to withdra\\. :re enrire amount with costs and interest thereor. without furnishing security. As a sequel miscellaneous application/s pendr g if anv shall stand closed. Sd/. IU, JAWAHAR REDDY /-AQS\ STANT REGTSTRAR //TRUE COPY// $Ecrroru oFFrcER To,

1. The Chairman, Motor Accident Claims Tribunal-cum-Pr rcipal District Judge, Khammam.

2. One CC to Sri Nageswara Rao Repakula, Advocate [OF) iC] 3. One CC to Sri S. Satyananda Rao, Advocate [OPUC] 4. Two CD Copies YL- l I I I i I I HIGH COURT BRMR, J DATED: 2211212025 HE1 SIAT F { ( t I g itB ?$?6 , ?Fsr Z C) .L * JUDGMENT+DECREE MACMA.No.1588 of 2012 ALLOWED G.{a S^t"t IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD IVONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE B.R.MAOHUSUDHAN RAO MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1588 OF 2012 Betwee n: Kanduta Kotaiah, S/o Guravaiah, aged about 33 years Agriculture and Coolie Rl/o Patha Pinapaka Village, Thallada Mandal, Khammam District. ,..PETITIONER/APPELLANT AND

1. Bamdi Satyam, S/o Venkatappaiah, Occ. Drrver of Tractor and Trailor No. AP 20-U-3469 and 3470 FVo Thatipudi Village Wyra Mandal, Khammam District 2. fa].a Prasada Rao, S/o T. Bhasker Rao, Occ: Joint Owner of Tractor and Trailor No. AP 20-U-3469 and 3470 Rlio Thatipudi Village Wyra Mandal, Khammam District.

3. Tata Suresh, S/o T. Bhasker Rao, Occ: Joint Owner of Tractor and Trailor No. AP 20-U-3469 and 3470 Rl/o Thatipudi Village Wyra Mandal, Khammam District.

4. The New lndia Assurance Company Limited,, Rep. by its Branch Manager, Branch Manager, The New lndia Assurance Company Limited, Khammam. ...RESPONDENTS/RESPTS. Appeal filed under Section 173 of IvlV Act against the Order and Decree in MVOP No. 212 of 2002, dated 02-06-2005 on the file of the Court of the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Khammam. 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 case and upon hearing the arguments of Sri Nageswara Rao Repakula, Advocate for the appellant and Sri S. Satyananda Rao, Advocate for the Respondent No. 4. This Court doth Order and Decree as follows

1. That the Motor Accident Civil lt/iscellaneous Appeal b,) and hereby is allowed and the compensation awarded by the Tribunal is enh:r ced,

2. That the impugned award dt 21612005 passed in lr/\ Op No. 212 ot 2OO2 stands modified;

3. That the compensation awarded by the Tribunal i.e., Rs 33,O0Ol is enhanced to Rs. 81,400/- together with interest @9% p.a. forrr the dare of filing the petition till payment;

4. That the respondents 1 to 4 are hereby directed kr deposit the awarded amount Jointly and severally with interest and costs ler 5lhs amount already paid if any within a period of 60 days from the date of r ceipt of a copy of this Judgemtn;

5. That the appellanf petitioner is be and hereby permitterj ro withdraw the entire amount with costs and lnterest thereon without furnishin 1 security;

6. That save as aforesaid, the decree of the Tribunal sha I stand confirmed in all other aspects; and

7. That there shall be no order as to costs in this appeal. //TRUE COPY// sd/- AS IJ <.i 1 JAWAHAR REDDY JTANT REGISTRAR---- .-...--. $crroru oFFtcER To, '1 . The chairman, Motor Accident claims Tribunal-cum-p i rcipar District Judge, Khammam. 2. Two CD Copies (1- HIGH COURT BRMR, J DATED: 2211212025 \ DECREE MACMA.No.1588 ot 2012 ALLOWED \ ""f^ \q_ _ ---<-t ^l &\ \\ \-