The High Court · 2025

THE HON'BLE SRI JUSTICE J. SREENIVAS RAO M.A.C.M.A.No.L992 of 2OL4 JUDGMENT: The appellant has filed this appeal a.g;ainst the Order and Decree dated 06.O1.2014 tn M.V.O.F'.No.22:i of 2OO8 passed by the Chairman, Motor Vehicle r\:cidents Claims Tribunal (\'ll Additional District Judge) at Bo<1han, (for short "Trilrrrnal") whereunder the tribunal has granted an amount of Rs.36,000/- towards compensertion iis against the claim of Rs.50,O0Ol-, on account of th,: injuries received by him in the accident occurred on 22.05.2OO7.

2. Heard Sri Kuldeep Jadhav, learned counsel for the appellant and Sri K.Ajay Kumar, learned counsel for respondent No.2-Insurance Company and pelused the entire material on record.

3. Brieffacts ofthe case:

3.1. On '.2'.2.05.2007, the appellant a-1ong1 with his father was proceeding on the scooter bearing No.AP-25F-2435 to .8, bring wateiTrom Kopperthi Carnp. While thr:y wele crossing the road near Saloora Camp, one Qualis bearing No.AP- 2 IS& I MACMA_199? 2014 l5J-2222 came from Bodhan side in a rash and negligent manner with high speed and dashed against their scooter. Due to which, the appellant fell down and sustained fracture of left foot, laceration over the right knee, abrasion over the left cheek, contusion on left foot and multiple and grievous injuries all over the body. Immediately, the appellant was shifted to Government Hospital, Bodhan and after Iirst aid, he was referred to Vaishnavi Hospital, Nizamabad

4. Subrnissions of learned counsel for the arrpellant:

4.1. Learned counsel for the appellant submits that due to rash and negligent driving of driver of Qualis, the appellant sustained grievous and multiple injuries. To establish the same, the appellant examined himself as PW. 1 and also examined PWs.2 and 3 and marked Exs.Al to A5. He further submits that the tribunal without properly considering the same, awarded meager amount of Rs.36,00O/-. I ,f- 3 IS&J MAC MA_1992_2014 5 5 $qLmissions of learned counsel for respondent No,2: l. Per contra, learned counsel appearir:.p1 for r,:spondent No.2 subrrLits that the appellant sustaLrred ortly mlnor injuries an d the tribunal after considerir:.g the oral and documenta:ry evidence on record has rightly ar,,rarded an amount ol':Rs.40,000 /- and the appellant isr not entitled for enhancement of compensation.

6. Analysis of the case:

6.1. This (lourt considered the rival submission,.; made by the respectir.e parties and perused the recrrd. It is not in dispute that due to rash and negligent driring ol driver of Qualis, thr: appellant sustained grievous inj.rries. According to Ex.A4 i.r:., Certilied Copy of injury certihcate, appellant sustained four simple injuries and one grierrous injury. The tribunal av,,arded meager amount of Rs.ll6,O0()/- under various heads. This Court is of the considered vie,v that the appellant s'rstained one fracture and the tribuntrl has not awarded any amount to the said fracture. 4 ISR, I MACMA 1992 2014

6.2. In such circumstances, this Court is inclined to grant Rs.25,0OO/- towards fracture. As per the judgment of the Apex Court in V.Meko.lq. a. M.Malathi and anotherl, tfre appellant is entitled for an arnount of Rs. 1O,OOO/- towards cost of litigation. Accordingly, the appellant is entitled for an amount of Rs.35,OO0/- (25,OOO+10,000) in addition to the amount awarded by the tribunal. Accordingly, the appellant is granted total compensation amount of Rs.7 1,000/-(Rs.35,000+ Rs.36,O00). 7 - In the result, the M.A.C.M.A is al1owed, enhancing the compensation amount awarded by the tribunal from Rs.36,0OO/- to Rs.71,000r/-(Rupees seventy one thousand only). The enhanced compensation amount shall carr5, interest @ 7.5% per annum from the date of claim petition till realization. The enhanced amount shall be deposited by respondent Nos. 1 and 2 jointly and severally within a period of two (2) months from the date of receipt of a copy of the judgment. On such deposit, appellant is entitled to withdraw the entire amount without furnishing any ' 2014(s) ALD 42 (SC) \ 5 ,S&I MACMA_1992_2014 security. However, the appellants are directed to pay the , deficit court fee on the enhanced amount. I'lo costs Miscellaneous applications, if any' pending, shall stand closed. //TRUE COPY// Sd/- P PADMANABHA REDOY ASSISTANT REGISTRAR ] \e,cnoru oFFrcER The chairman, Ivrotor Accident civir rribunar-cum-vttt iaortional District Judge. Bodlran (lf anV Lower Court Record) One CC to rlRt. AZAR SRAVAN KUMAR, Advocate tOpUC I Two CD Copries \ To 2 J 4,I t a'--':! - 4 -'- HIGH COURT DATED: 0910112025 / , JUDGMENT MACMA.No.1992 of 2014 1HE S14 14: ,:( o,J ?1tilRzffi t \ (tr.,.s:: ', r ,E0 }i fl( z- L)I a+ ALLOWED IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE , THE HONOURABLE SRI JUSTICE J SREENIVAS RAO PRESENT MOTOR ACGIDENT CIV IL MISCELLANEOUS APPEA L NO: 1992 OF 2014 Between: Lella Dheeraj, S/o Lella Balashouri, Occ - Student, R9P bV.his Fglf"r.,3ry N-1,'-l?] ouardian Sri.Lella Balashouri, S/o Thamsaiah, occ -Agriculture, FUo JadUamalpur Village of Bodhan Mandal, Nizamabad Dist. ...APPELLANT(G LAIMANT) AND '1. G L Mal Reddy, S/o not known, C/o D P-arushu.ram, S/o tat-al1!., aqed mqtgr ' o*nefot Quilis bearing No.AP-15J-2222, R/o H.No 1-5-20213' opp: DSP Office, Jagitial Village and Mandal, Karimnagar District'

2. The Reliance General lnsurance company Limited, Deccan - ii;;i'$ilJ,guoa, Hyaeraoad, [ep Qv-ils Qranch Manager, (Vide cover note -chambers, 4th no.1642616 vilid from 08.03.2007 to 07 03.2008) :..RESPONDENTS( RESPONDENTS) Appeal filed under Section 173 of Motor vehicles Act, against the Judgmentanddecree,madeino.P.No.225of2008dated.06.01.2014onthe file of the chairman, Motor Accident claims Tribunal-cum- Vll Additional District Judge, at Bodhan. This appeal coming on for hearing and upon perusing the grr6unds of appeal' the Judgment and Decree of the court below and the material papers in the MVOP and upon hearing the arguments of sRl. AZAR SRAVAN KUMAR, Advocate for the appellant and None Appeared for the Respondents' This Court doth Orrjer and Decree as follows 1 2 J 4 5 6 7 That the Motor Accident civir Misceraneous Appear r:e and rrereby is arowed; enhancing the compensation amount awarded by thr: Tribunal from Rs.36,0001 ':o Rs.71,000/_ (Rupees Seventy one Thc,usand rtnly); That the ennanced compensation amount shall carry interest @ 7.5% p.a. from the date of claim petition till realization; That the enhanced amount shall be deposited by respondent Nos.1 and 2 Jointly and severaily within a period of two (2) months from the date of craim petition till and realization; That on such deposit, the appeilant is be and hereby entiflerr to withdraw the entire amount without furnishing any security; That the appe'ants are be and hereby directed to pa,/ the derficit court fee on the enhanced amount; That save as aforesaid, the decree of the Tribunar sha, stands confirmed in all other respercts; and That there shall be no order as to costs in this appeal. //TRUE COPY// Sd/- P PADMANABHA REDDY ASSISTANT REGISTRAR I JsEC ION OFFICER To 1 2 The Chairman, Moto Judge, Bodhar. Two CD Copie,; r Accident Civil Tribunal_cum_Vlll l,dditional District w HlGH COURT DATED: 0910112025 ./t DECREE MACMA.No.1992 of 2014 ALLOWED