The High Court · 2025

Counsel for the Appellant:Sri S Surender Reddy Counsel for the Respondent No.2: Sri T Sanjay K Singh Counsel for the Respondent No.1: None appeared The Court delivered the following: Judgment IN THE HIGH COURT FOR THE STATE OF TEL/[ TGANA AT HYDERABA.D THE HON'BLE SRI JUSTICE C.V.BHASKAR RE ]DY M.A.C.M.A.No.733 of 2019 DATE: 03.12.2O25 Between: Nenavath Mif ru Mohd. Moosa and another AND JUDGMENT: Appcll;Lut llespondents Being dissarrshed with the quantum o[ compcu{,i:ron awarded in the order and rlccree dated 01.08.2O14 passed il ) P.No.609 of 2009 by thc Chairman, Motor Accident Claims Tr-il,r ral-Cum,Vl[t ndditional Distrrct.]udgc at Nizarnabad (hereinafter re f,) rrd to as'.rhe Tribunal'), rvhcreb,v the Tribunal arvarded a sum o[ Iir .B3,5OO/- lor the injuries sustained by her in a motor vehicle r,:ciclent, the appellant-claimart has filed this appeal, under Sectc r 173 of the Motor Vehicles Act, 1988, seeking enhancement of the (r nrpensation.

2. The brief facts of the case are that on t2,t 13.2009. the appetlant/ claimant, a 33-year-old woman engaged in rt rning general stores, vegetable business and agriculture, was travol.j lg in an auto I 2 bearing No.AP 25-V-1166. At about 5:30 p.m., rvhcn the auto reached Dasnagar village limits, its driver drove in a rash and negligent manner. lost control, and the vehiclc otcrturned aftcr hitting a motorcycle, due to which the appellant cl:rimanl sustained grievous multiple injuries including fracturcs to both boncs of the lcft leg anci Left hand, fracture ofribs and skull, rupture of stonlach arrcl injuries to the head, back and face She was rnitially treirled at Governmcnt Headquarters Hospital, Nizamabad, arld latcr admittcd in Shashank llospital where she underwent surgerv arld reuitirred as inpaticrlt from 24.03.2OO9 to 3O.03.2009' follorved bv prolonged iollow-up treatment. The SHO, PS Makloor. also rcgistered a criminal case vtde Crime No.69 of 2009 against the driler of auto' Stating that the appellant-claimart incurred medical cxpenditure of more than Rs. 1,O0,000/- and suffered loss of income ald disability, she filed the aforesaid claim petition before the TribuneLt seeking competrsaliou of Rs.2,O0,O0O/- on account o[ thc injuries sustaincd by her in the said accrdent, against the owner and insurer of the auto' Before the Tribunal, respondent No 1 i e , owner of the auto 3. remained ex parte. Respondent No.2-insmance Company filed a counter denying the averments of the claim petrtion and contended that the compensation claimed was excessive and prayed for dismtssal of the claim. The Tribunal, on appreciation of the oral and documenta5/ evidence, held that the accident occurred due to -j'.ii =q 3 negligence of the auto driver ald awarded a sum i) Rs.83,500/ towards compensation wilh interest at the rate of 60,6 l er annum in favour- of thc appellan t-claimant, pa1'able by the resp ) -(lents jointi]. and sei,cr:r1].1'. Aggrieved by the quantum, the app: preferrc j ll)e prcserl1 appeal seeking enhancement of < r t .ant claimir r t .pensation

4. Considcred the submissions of lhe learned cr nsel for lhe parties and perused the record.

5. There is no clispute with regard to the finding ) t.he Tribu na1 rhat Lht: accident occurred due to the negligence of the r rt.o driver iind hability. tr. So far as [he assessment of quantum of c( r rpensation rs concerned, on a rc appraisal of the record, it is eri Lent that the appellan[ claimant suffered rnultiple grievous injl r es includittg JracLures to the left upper and lower limbs, skull an i rib fractures, lnter-nai iquries, and remained hospitalized for severa lays, follorved by prolonged treaLrnent. The nature of injuries clearly i rdicates long Iasting physical disability resulting in functional limitr ions and loss of earning capacify. Despite the docurnentar5r evide rce including Exs.A3, A5, A.6 and the medical opinion of PW-2 ndicating the seriousness of injuries and requirement of further surgery, the Tribunal, awarded compensation only under limited t :ads, without adequately appreciating t1-re severity of the injuries, prr r and trauma 4 cndured by the claimant, her protonged medical lreatment, and the consequent loss of livelihood. 7 Keeping in vier- the age of [he appell.rnL claima]l[, hcr avocation, and the nature of injuries supported b1' medical evidencc, this Court finds that the compensaLion awarded by the Tribunal is on the lower side and does not reflect a fair assessmcnt of her physical and economic suflering. Therefore, enhancemcnL under various permissible heads is waranted to ensure that the appellant-claimant receives just compensation as contemplated under law, which is re assessed and tabulated as under: sl. No. 1 2 3 4 5 Name of the Head Pain and Suffering Medical Expenses (including future medical Extra Nourishment AttendanL, ortation & lncidental Char Trans Loss of Earnings during Treatment (3 months x Loss of amenities Total s.4 500 s Cornpensation Amount Rs.60.O00.00 Rs.45,000.0O Rs.3O.00O.O0 Rs. 13,5O0.0O Rs.35,000.00 Rs. 1 83 50().oo

8. Coming to the rate of interest, as the Hon'ble Supreme Court it.I the case ol National l,r.surance Cotnpang Ltd- r.ts, Monndt Johal and othersr and in several subsequent decisions held that the reasonable rate of interest to be awarded in motor accident claim cases shall be 7 .5o/o per annum, this Court is of the opinion that the r AtR 2019 SC 2079 rate of interest awarded by the Tribunal in the instant c r ;e' is on the Iorver side anrl the same requires modilication' In the resrtll. the appeal is partty allowed' by e.r ralcing the 9. compensation awarcled by the Tribunal from Rs t 3'5OO/- to Rs.1,83,500/- r'LLh interest Q 7 'sok per annum frorr ]re date of petition till the dat(r of realization The rest of th: terms and condiLions imposeci b1 the Tribunal shall remain unaLte lrl No order as lo cosLs As a sequel, thc misccllaneous petitions pendinS' i1 any' shall stand closed SD/-N.JAWAHARREDDY ASI; STANT REGISTRAR //TRUE COPY// SECTION OFFICER To, TheChairman,tvlotorAccidentClaimsTribunalcumVllAdditionalDistrict Judoe at Nizamabad (with records) b;;cCU $ 5 sure'nder Reddv' Advocatg-tg.qq-cl o;; aa io sri f sanjav K Singh,'Advocate [oPUC] Two CD CoPies 1 2 4 Kvr/S aw I i t I n'' ::* 0 i||/ f, 20?6 6:,>il :/ 'i, ,j. HIGH COURT DATED:0311212025 JUDGMENT MACMA.No.733 of 2019 APPEAL IS PARTLY ALLOWED C.r{"}" &r- [ 32e6 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE THIRD DAY OF DECEIVIBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 733 OF 2019 Between: Nenavath lVlaru, D/o. Harya, Age.33 years, Occ: Running Pan Khoka, general stores, Agriculture and vegetable business etc., R/o [\,4entrazpally village of Naka thanda, Dichpally l\,4andal, Nizamabad District. ...APPELLANTSiPETITIONE RS AND

1. Ir/ohd. ft/oosa, Sio. SK. l\4ohammed, Age: Major, Owner of Auto bearing No.AP 25-V-1 166, Rl/o. H.No. 6-22-706, Rajivnagar Colony, Dubba, N izamabad.

2. The United India lnsurance Co., Limited, Armoor, through its Divisional [\/anager, Divisional Office, Godown Road, Nizamabad. (policy No.050700/31 /08/0 1 /00000800 valid from 05.08.2008 to 1 4.07.2009) ...RESPONDENTS/RESPONDENTS Appeal filed under Section '1 73 of lVl.V.Act, against the Order and Decree dated 1.08.2014 passed in OP.No. 609 of 2009 on the file of the court of the Chairman, lrlotor Accident Claims Tribunal cum Vlll Additional District Judge at N iza mabad. This appeal coming on for hearing and upon perusing the grounds of appeal, the judgment and Decree of the Lower Court and the material papers in the case and upon hearing the argument of Sri S Surender Reddy, Advocate for the Appellant and none appeared for Respondent No.1 and Sri T Sanjay K Singh, Advocate for Respondent No.2. This Court doth Order and Decree as follows:

1. That the l\rlotor Accident Civil tt/iscellaneous Appeal br> and hereby is Partly Allowed by enhancing the compensation from Rs.83, ; )01 to Rs.1,83,5001 with interest @ 7 .5% per annum from the date of p e tition till the date of realization;

2. That the rest of the terms and conditions imposec L y the Tribunal shall remain unaltered;

3. That save as aforesaid, the decree of the Tribunal sl-rzrl stands confirmed in all other respects; and

4. That there shall be no order as to costs in this appeal. SD/. NI JAWAHAR REDDY ASSI ;TANT REGISTRAR \ \_ \*_ -_--- i secrroru oFFrcER //TRUE COPY// To, 1 . The Chairman, lvlotor Accident Claims Tribunal cum Vl ll tdditional District 2. Two CD Copies Judge at Nizamabad Kvr/Sa Y" HIGH COURT DATED:0311212025 DECREE MACMA.No.733 of 2019 APPEAL IS PARTLY ALLOWED LlcoPSeh w_. rda\+