Court in Rajesh and others v. Rajbir Singh and othersl this Court is inclined Lo enhance the rate of interest

Counsel for the Appellant: SRI' AJAY KUMAR MADISETTY Counsel for the Respondent No'1: None Appeared Counsel for the Respondent No'2: SRI P' BHANU PRAKASH The Court made the following: JUDGEMENT the petitioner to substantiate that she suffered disability on account of the injuries sustained by her in the accident. The doctor, who has provided treatment to PW1, also did not depose anything about the disabiiity alleged to have sustained by PW 1 .

14. It is the contention of the petitioner that rmplants were inserted at the time of surgery of the petitioncr and for removal of the same, an amount of Rs.2O,000/- may be required. In this connection, PW2 deposed in his chief examination aflidavit that if the patrent develop any pain due to the presence of implant, a future surgery may be required for removal of the said implants and if surgery is done by a private hospital the total cost of surgery including medicines may cost Rs.2O,0OO / - estimation bill is hled by the petitioner to substantiate that an No amount of Rs.2O,0O0/- is required for removal of implants' However, in the cross examination, PW2 admitted that if the patient goes for future surgery for removal of impiants at MGM Hospital, Warangal, it would be done at free of cost and that the treatment given to the patient by MGM was free of costs. In such circumstances, this Court is not inciined to award any amount for removal of implants, as the petitioner can avail the opportunity of getting the implants removed from her body by obtaining treatment at MGM hospital' But the fact remains is I i I I r 1 I I i I I I I I I I 8 that the though petitioner can avail treatment for removal of implants under "Arogua Sree Scheme,, he has to meet the expenditure of medicines subsequent to the removal of implants. Hence, this Court is inclined to award a sum of Rs. 10,00O/- toward 'future medical expenses,.

15. In view of the above facts and circumstances, in all, the appellalt/claimant is entitled for the compensation under va rious heads, as follows: Sl.No. Name of the head 1 2 a 4 5 6 8 9 10 Pain and sufferance Hospital expenses Two fracture injuries (Rs.25,000 x 2) Four simple injuries (Rs.5,O00/ x 4) Attendant charges Transportation expenses Extra nourishment Medical bills Loss of earnings Future medical expenses Compensation awarded to the claimant (Rs.) 10,0oo/- 10,0oo/- s0,00o/- 2O,OOO/ - s,0oo/- 2,OOO /- s,00o/- r,27s/ - 6,000 /- 10,00o/- Total t,19,275/-

16. The learned Tribunal awarded rate of interest @ 6oh per annum. However, as per the decision of the Honourable Apex t 0 Court in Rajesh and others v. Rajbir Singh and othersl this Court is inclined Lo enhance the rate of interest granted by the learned Tribunal frorn 6%o per annum Lo 7 .5%o per annum.

17. In the result, the Appeal is allowed in part by enhancing the compensation amount from Rs.29,275/- to Rs-1,19,2751-, which shall carry interest @) 7 .5% per annum from the date of hling the claim application till the date of realization. The respondents are jointly and severally liable to deposit the compensation amount within one month from the date of receipt of copy of this judgment. On such deposit, the petitioner is entitled to withdraw the entire amount awarded to him without furnishing any security. There shall be no order as to costs. Miscellaneous petitions, if any, pendrng shall stand closed. To, //TRUE COPY// SD/. A. SREENIVASA REDDY ASSISTANT REqISTRAR l)r- t' SECTIbN OFFICER

1. The Chairman, Motor Accident Claims Tribunal -cum- ll Additional District . Judge Warangal. (With Record)

2. OneCC to SRl. AJAY KUMAR IVADISETTY' Advocate [OPUC] 3. One CC to SRl. P. BHANU PRAKASH, Advocate [OPUC] 4. Two CD CoPies GK HIGH COURT DATED:1310212025 l.;:-.. ./:..,\\ .,,:,q l.:., : f-) )I \i StP N6 .-\, ,']- l)*"-" -'' ''- :ii.__..i:.-= ; -.." JUDGEMENT MACMA.No.3489 of 2014 , I t I. i I I I PARTLY ALLOWING OF THE MACMA WITHOUT COSTS o 4z 7 [ 32s3 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE M.G.PRIYADARSINI MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3489 OF 2014 Between: Amgothu Mangi, W/o Vasanth, Labourer, Rl/o Muripirala Village, Rayapa(hy Mandal, Presently R/at Shivanagar, Warangal. ...AppellanUPetitioner AND '1 . V Hari Chander, S/o Ravinder, Owner-cum-Driver of Crime Vechile, i.e., Maruthi Car Bearing No.AP-36-AB-8851, Fl/o H.No.16-1-52, Railway Gate, Shanti Nagar, Warangal City and Dist.

2. The National lnsurance Co Ltd, Rep by its Branch Manager, Branch Office at H.No.8-5-43, Seetharama Complex, Station Road, Warangal. ...Respondents/Defendants Appeal filed under Section 173 of M.V.Act against the judgment and decree dated 24-01-2014 in M.V.O.P.No. 739 of 2010 on the file of the Court of the Chairman J\Iotor Accident Claims Tribunal -cum- ll Additional District Judge Waranga l. ORDER: 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 IVIVOP and upon hearing the arguments of Sri Ajay Kumar lt/laddisatty, Advocate for the appellant and of Sri P. Bhanu Pakash, Counsel for the Respondent No.2. This Court doth Order and Decree as follows:

1. That the appeal be and hereby is allowed in part by enhancing the compensation amount from Rs.29,2751- 1o Rs.1,19,275l-, ( Rupees one Lakh Nineteen Thousand Two hundred and Seventy five only) which shall carry interest @ 7.5% per annum from the date of filing the claim application till the date of realization;

2. Thal The respondents be and hereby are jointly and severally liable to deposit the compensation amount within one month from the date of receipt of copy of this judgment;

3. That On such deposit, the petitioner be and hereby is entitled to withdraw the entire amount awarded to him without furnishing any se curity;

4. There shall be no order as to costsof this appeal. //TRUE COPY// SD/- A. SREENIVASA REDDY ASSISTANT RE , !-rr I r,t6* SEC rl"*o* OFFICER To,

1. The Chairman, tvlotor Accident Claims Tribunal -cum- ll Additional District Judge Warangal.

2. Two CD Copies GK HIGH COURT DATED:1310212025 DECREE MACMA.No.3489 ot 2O14 PARTLY ALLOWING OF THE MACMA WITHOUT COSTS 4 1-,+.