The High Court · 2025

Counsel for the Appellant :Sri Padala Pravin Kumar Gounsel for the Respondent No.2: Sri A V K S Prasad Gounsel for the Respondent No. 1: None Appeared The Court delivered the following: Judgment ! : i j 1 i ! IN' THE HIGH COURT FOR THE STATE OF TELANGANA AT ITYDERABAI) THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY MACMA No. 717 of 2Ol9 DATE: O2.L2.2O25 Between: N. Naveen Kumar Premna.gesh. Reddy and another AND JUpGUIENI: Appellant Respondents This trppeal, under Section 173 of the Motor Vehicles Act, l9gg, is filerl b), the appellant-injured challenging the award dated l8.o2.tlo 11 passed in M.V.o.P.No.806 of 2006 by the Motor Accidenrs claims Tribunal-cum-IX Additional chief Judge (FTC), city civil court, Hyderabad, whereby the Tribunal awarded total compensation of Rs.25,000/- with interest atgoh per €rnnum in favour of appellant- claimant for the injuries sustained by him in a motor vehicle accident.

2. 'lhe brief facts of the case are that on 2l.tr.2oo4 at about 11:00 PM, the appellant-claimant along with his friends viz., Akash, Uday and H. Shah was proceeding by walk on the road towards M.M.R. Gzrrdens, Old Bowenpally, Secunderabad. While-so, one MarutL car bearing No.AP-09-D-9551 (hereinafter referred as "crime 2 Vehicle") came at high speed and in a rash and negligent manner and hit the claimant and his friend Akash from behind, due to which, they fell down and received fracture injuries. It is stated that the appellant received head injury and g sutures were put to his head and his right hip was dislocated. Immediately, the appellant was shifted to Apollo Hospital, Kharkhana, secunderabad in an unconscious condition and from there he was shifted to Apollo Hospitals, Jubilee Hills, Hyderabad for better treatment, where he was treated as inpatient from 22.LL.2004 to 01 .L2.2004.'rt is further stated that wound suturing was done on 22.rr.2oo4 under Anesthesia and he was discharged on o1. r2.2oo4 with an advise to take medical care and physiotherapy. It is stated that the appelant spent more than Rs.1,00,000/- for the purpose of medicines and extra nourishment. The Police of Bowenpally has registered a case in crime No.361 of 2oo4 under Section 332 of Ipc against the driver of the crime vehicre. The appellant filed the aforesaid claim petition before the Tribunal, under Section 166 of the Motor Vehicles Act, lggg seeking compensation of Rs.2,00,000/- against the respondent Nos.r and 2, who are owner and insurer of the crime vehicle. 3' Before the Tribunal, the respondent No.l remained ex parle. The respondent No.2-Insurance company fired counter denying the manner of accident, the age, occupation and income of the appellant, and contended that there is contributory negligence on the part of the appellant and hence the Insurance company is not liable to pay the 3 compensatic,n. It was also pleaded that the amounts claimed were excessive and ultimately prayed to dismiss the claim petition.

4. After full-fledged trial, the Tribunal on analysis of oral and documr:ntaqr evidence, held that the accident occurred due to ttre rash arrd negligent driving of the driver of the crime vehicle and that the vet.icle involved was insured with the respondent No.2. It then awarded total compensation of Rs.25,00o/- with interest @ 9o/o per annum from the date of petition till the date of realization. Aggrieved by the same, the appellant-injured filed the present appeal seeking compensation of Rs.2,00,000/-.

5. [{eard the learned counsel for both sides and perused the record

6. 'lhe finding of the Tribunal with regard to the manner in which the a<:cident took place has become final as the sarne is not challenged either by the owner or insurer of the vehicle.

7. rloming to the quantum of compensation, the Tribunal awarded \ Rs.20,0007- for the two grievous injuries and Rs.5,000/- towards loss of earrrings, in all Rs.25,00o/-. The record shows that the appellant sustained grievous injuries and he was unconscious at the time of admission, and remained an inpatient in Apollo Hospitals, Jubilee Hills, Hyderabad from 22.11.2004 to ol.L2.2oo4. He underwent wounrl suturing under anesthesia and required continued medical 4 ?'r) care and physiotherapy after discharge. Given the nature of injuries, the period of hospitalization, and the treatment undergone, it is reasonable to infer that he incurred substantial medical expenditure. Taking these aspects into account, this Court considers it appropriate to grant Rs.50,000/- towards medical expenses and Rs.25,0OO/- towards pain and suffering. Thus, the appellant-claimant is entitled to total compensation of Rs.1,00,000/-.

8. In the result, this appeal is partly allowed by enhancing the compensation from Rs.25,000/- to Rs.1,00,000/-. The enhanced compensation shall carry interest @7.5o/o per annum from the date of petition till the date of realization. The rest of the terms and conditions imposed by the Tribunal shall remain unaltered. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed' sD/- M. JAWAHAR RED //TRUE COPY// ON OFFICER To, Judge, (FTC), City Civil Court, Hyderabad.(with records)

1. The Chairman, Motor Accident Claims Tribunal cum the lX Additional Chief 2. One CC to Sri Padala Pravin Kumar, Advocate tOpUCI 3. One CC to SriA V K S Prasad, Advocate tOpUCI 4. Two CD Copies Kvr/Sa i i l I ! * t t I t t t ? t I I I t I i I I I I I I t I I !!i l!i J. I HIGH COURT DATED:0211212025 $ $ 5 urR $1$ ?: # g";r' JUDGMENT MACMA.NIo.1717 of 2019 APPEAL IS PARTLY ALLOWED ES ,7'lo I s2e6l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY Between: N. Naveen Kumar, S/o N. Narsimha Aged about 33 years, Occ: Pvt Service, Rl/o H. No. 3-6-133/11, Bhaskar Rao Garden, West Marredpally, Secunderabad. Presently No 2-2-1 10416/C, Golnaka Hyderabad. AppellanUPetitioner AND

1. Premnagesh Reddy, M. S/o M. Limbareddy, Aged: Major, Occ: owner of Maruthi Car bearing No. AP 09 D 9551, Rl/o Flat no. 307, Koratla Bhavan, Street No. 14, Himayatnagar, Hyderabad.

2. United lndia lnsurance Co. Ltd., Rep by its Divisional Manager, Divisional Office No. 7, United lndia Towers, Basheer Bagh, Cross Roads, Hyderabad. Policy No. 05 1 500/3 1 /03/0 2862, v alid f rom 30-0 1 -200 4 to 29 -01 -2OO5, Policy issued D.O. 7 ...Respond6nts/Respondents Appeal filed under Section 173 of M.V.Act, against the Order and Decree dated '18.02.2011 passed in OP.No. 806 of 2006 on the file of the court of the Chairman, Motor Accident Claims Tribunal cum the lX Additional Chief Judge, (FTC), City Civil Court, Hyderabad. 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 Padala Pravin Kumar, Advocate forthe Appellant and none appeared for Respondent No.1 and Sri A V K S Prasad, Advocate for Respondent No.2. This Court doth Order and Decree as follows: 't. That the Motor Accident Civil Miscellaneous Appeal be and is hereby partly allowed by enhancing the Compensation from Rs.25,0001 to Rs.1,00,0001 ; 'est 2' That the r-'nhanced compensation sha, carry interest @ 7.s%per annum from the date of petition till the date of realization; 3' That the of the terms and conditions imposed by the Tribunar sha, 4' That save as aforesaid, the decree of the Tribunar shail stands confirmed in 5. That there shall be no order as to costs in this appeal. all other respects; and remain un;rltered; s //TRUE COPYII SECTION OFFICER fiSffff fiflT;[tunar cum the rX Add*ionar chier To,

1. The Chairman, Motor 2 +[1%r'ilfi';,"", "' Kvr/Sa {g'- HIGH COI.'RT DATED:0211212025 o() ( * sHE1 r.l il { 2Ufi 50 * 'ri ,l DECREE MACMA.No.1717 of 2019 APPEAL. IS PARTLY ALLOWED @- JKS oftfze .