The High Court · 2025

Counsel for the Respondent No.2: SRI K AJAY KUMAR The Court delivered the following: JUDGMENT ...RESPONDENTS I ; I THE rJO_N'BLE SRI JUSTICE J. SREENIVAS RAO M.A.C.M.A.No.176L of 2Ot4 JUDGMENT: The apoellant has filed this appeal against th,: Order and Decree clat=d 27.1 1.2013 in O.p.No.99T of 2OOB passed by the Chairm:u-r, Motor Vehicle Accidents Claims .I ribunal (VIII Additional District Judge) at Nizamabad, (for sh,'rrt .,the tribunal") \r'hr:16sn6[61 the tribunal has granted an amount of Rs.a0,000/- tov,'ards compensation as against the ctaim of Rs.2,0O,000/,, on account of the injuries received by him in the accident c,ccurred on 01.03.2008.

2. Heard fl:rLt K.V.Rajasree, learned counsel f,lr the appellant anrl Sri K Aj ay Kumar, learned counriel for respondent N,.r.2-lnsurance Company and perused thr entire material on record.

3. Brief facts of the case:

3.1. On 01.011.21008, the appellant was travelling as pillion rider on motor' oycle bearing No.Ap O1-7318 from Mategaon tbwards Bhairrsa side and one Kadam Babu Rao was .lriving the motor cvcl.: ,ln side of the road very slowly ar-td cautrously. 2 IS& I MAC]\{A-1761.]O1.4 When they reached near spinning mill at Bhainsa of Adilabad District, one tractor bearing No.AP-O 1-T 3133 was parked on the middle of the road with mechanical defect without parking ligftts, signals and precautions, due to which the rider of the motor cycle could not watch the tractor and dashed against the tractor from behind, due to which the appellant and another person fell down and the appellant sustained head injury, skull fracture, frontal bone fracture, both hands injury, both legs injury, chest ribs fracture and also received injuries to other parts of the body. Immediately, the appeilant was shifted to Government Hospital, Bhainsa and thereafter he was referred to Government Hqrs Hospital, Nizamabad, but the appellant was admitted in Sai Accident Hospital, Nanded, where he was operated and still he is taking treatment in private hospitals.

4. Subrnissions of learned counsel for ttre aDDellant

4.1. Learned counsel for the appellant submits that the appellant sustained grievous injuries due to negligence of driver of tractor for parking the tractor on the middle of the road. To prove the same, appellant examined himself as PW. 1 I a 3 JSR, J N4ACMA 1767 2074 and marked F);<s.A1 to A8. However, the tribunai without properly considering the oral and documentar5z evidr,rnce on record held that the accident occurred due to rash n,:gligent driving of ricl<:r of motor cycle and the appeliant is not entitled to seek compr:nsation against respondent No.2. Horve,rer, the tribunal ar.r,arded meager amount of Rs.40,000/- agarnst the owner of resporr,Cent No. I Submissions of learned counsel for respondent 5 No.2:

5. i. Per conlr't, learned counsel appearing for resl.,ondent No.2 submits tt'rat the tribunal has rightly dismissr:d O.P. against responrlent No.2 and the appellant is not entitled for enhancement of compensation

6. Anal sis of the case:

6.1. This Co,-rrt considered the rival submissions rnade by the respectivr: parties and perused the record. It is not in dispute that tlt3 appellalt sustained grievous injuries and minor injuriel; rn the accident and to prove the same, l-re filed Exs.A3, 44 al cl A7 i.e., certified copy of injury certificirte, CT Scans of brairt"report and X-ray film. After perusal of Exs.Al l l i l i 4 ISR,I MACMA-_1761 2014 and A2 i.e., certified copies of FIR and charge sheet, it reveals that the accident occurred on O 1.03.2OO8, when the appellant reached near spinning mili at Bhainsa, as respondent No.1 vehicie was parked on the middle of the road and due to the same, the rider of motor cycle could not watch the tractor and dashed against the tractor, as a result, the appellant sustained grievous injuries. The tribunal without taking into consideration of the investigation report/charge sheet held that the accident occurred due to negligence of rider of motor cycie and the same is contrar5r to Exs.Al and A2. Hence, this Court is of the considered view that the impugned award passed by the tribunal in dismissing the O. P. against the respondent No.2 is liable to be set aside and accordingly set aside. Insofar as the claim of the appellant is concerned, the appellalt sustained one grievous injury and minor injuries. However, the tribunal has awarded only Rs.2O,000/- towards fracture ald simple injuries, including pain and suffering.

6.2. In such circumstances, this Court is of the considered view that the appellalrt is entitled for Rs.50,000/- towards fractures, simple injuries and pain and suffering and 5 IS&J MACN4A 776t_2014 Rs.10,000/- tou/ards transportation charges. As per the judgment of th,: Apex Court in V.Mekala. u. M. Ma.lathi and anothert, the appellant is entitled for ar-r arnrrunt of Rs. 1O,OO0/- r-,)\\rard s cost of litigation. Accordin;,1iy, the appellant is :ntitled for an amount of Rs.7l),000/- (50,000+ 10,000+ 10,000) in addition to the amount awarded by the tribur Lal. Accordingly, the appellant is grantt:d total compensatiorr amount of Rs.1,1O,0OO/ -(Rs.1''0,OO0+ Rs.40,0O0).

7. In the re.:;r lt, thc M.A.C.M.A is partly a1lou,cd, enLrancing the compensation amount awarded by the tribur-iitl from Rs.40,OO0/- r-o Rs.l,1O,O00/-(Rupees one lakh ten thcusand only). The r:nhanced compensation amount shal. carry interest @ 7.5o1., per annum from the date of claim petition till rea\zation. 'I'he enhanced amount shall be deposrted by respondent Nos. 1 and 2 jointly and severally within a period of two (2) months from the date of receipt of a cop1, of the judgment. On such deposit, appellant is entitled to withdraw the entire amulr.ltt u'ithout furnishing any securitv. No ,::osts. 1 2014 (s) ALD 42 (rsc:) 6 ISR, I MACMA_1761 2014 n Miscellaneous applications, if any pending, shall stand closed. /ITRUE COPY/' sd/- v. ASSISTANT REGI THA RAR SECTION OFFICER To

1. The Motor Vehicles Accident Claims Tribunal-Vttl Additional District i. ?jit'EE E1',iliWxfJ**" toPucl PR H-- HIGH COURT DATED:0910112025 JUDGMENT MACMA.No.1761 of 2014 (< q t') r\E STA t6: 1 11 \Pfl UE i ...) PARTLY ALLOWING THE MACMA WITHOUT COSTS a-dd i I i I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO MOTOR ACCIDENT CML MISCELLANEOUS APPEAL NO: 1761 OF 2014 Between: Kadam Digamber, S/o Sainath, Occ: Hampoli Village now R/at Namdevwada Agriculture Cum Milk Business, R/o , Nizamabad. ...APPELLANT/PETITIONER AND

1. Abdul Khadar, S/o Abdul Khader, occ - Agriculture and Owner of tractor bearing No.AP-o1-T-3133, Ryo il.No.4-2-4'13, tvlarket Gallay, Bhanisa Village and Mandal, Adilabad Dist.504 103.

2. lclcl .Lombard General lnsurance Co Ltd, Branch Warangal, Rep by its Branch manager, Branch Office Opp Sridevi Talies, Gandhi Chowk, Nizamabad. (Policy cover note No.53421216, valid from 30.01.2008 to

29.01.2009) Appeal filed under Section 173 of Motor Vehicles 'Act., against the Judgment and decree in O.P.No.997 of 2008 daied.27.11.20'13 on the file of the court of the Motor Vehicles Accident Claims Tribunal-Vlll Additional District Judge, Nizamabad. ...RESPONDENTS 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 MVOP and upon hearing the arguments of SRI. K V RAJASREE, Advocate for the appellant and of Sri K AJAY KUMAR, Advocate for the Respondent No.2 This Court Doth Order and Decree as follows: '1. That the tVlrCMA be and hereby is parily allowed enhancing the compensat,on amount awarded by the Tribunal from Rs.40,000/_ to Rs. 1,10 001)/- rRupees One Lakh ten thousand only); 2' That the enharced compensation amount be and hereby st.all carry interest @ 7 .5% pe. annum from the date of claim petition till realization;

3. That the enhanced amount shail be deposited by respondr:nt Nos.1 and 2 jointly and severaily within a period of two months from the date of receipt of a copy of the .ludgment;

4. That on suclr deposit, the appeilant be and hereby is entifled to withdrawn the entire amount rvithout furnishing any security; and 5. That there shall be no order as to costs in this appeal_ //TRUE COPY// sd/- v. ASSISTANT RE ITHA STRAR SECTION OFFICER To 1 2 t*fr" The Motor Vehicres Accident craims Tribunar-Vilr Additionar District Judge, Nizamabad. Two CD Copies HIGH COURT DATED:0910112025 DECREE MACMA.N o.1761 ot 2014 PARTLY ALLOWING THE MACMA WITHOUT COSTS l.9q a.l-,/EY V--arY '{f'