The High Court · 2025

The General Manaoer. Andh13^pr66lssh Road Transport Corporation, RTC X Road, Musheeraba-d, Hyderaoao Mr. IVl.L. Raiam, S/o. Not Known to p"li!g_nqr, aged. Major, Occ. Owner of Bus bearing No.Ap_28_U_42 tt pUo.,s_aii 4. Divisional Manaoer. The New India.Assurance Company Limited, Divisional office, subhash Naqar, r.rizimioii. iirii.ilji[;,i'rand 2 not necessary partres to this Appeal) i'. V'oil""!ui,,.UyoerrOao 933I'-9'.f91 lhE APPEIIANT(S):P.V.B NANDANA SARMA REPRESENTING AKKARM ESHWAR ...RESPONDENTS Counsel for the Respondent NO 4: Kotisubba Rao The Court Delivered the following: Judgement THE HON'BLE SMT. JUSTICE RENUKA YARA M.A.C.M.A.No .L47O of 2Ot9 JUDGMENT: Heard Ms. P.V.B.Nandana Sarma, learned counsel representrng Sri Akkam Eshsar, iearnecl counsel for the appellant and Sri Kota Subba Rao, learned Standing Counsel for respondent No'4 - Insuralce Companv. Perused the record.

2. This is an appeal preferred by the appellalt/ claimant aggrieved b.y the ,rrcler, dated 22.07.2OI1 passed in O'P No'I27 of 2OO9 by the Moror Accident Claims Tribunal-cum -IX Additional District and Sessions Judge, Kamareddy (for short 'the Tribunai')'

3. The claim petition was hled followed by the injuries sustained b.v the appellant in a road traffic accident rvhich took place on O\.O5.2OO7 u.hen the appellalt fell down from the bus while boarding due to rash and negiigent driving on the part of driver of RTC bus bearing No.AP 28 V 1217. The appellant claimed compensatlon of Rs.2,O0,OOO/- and the sarne was partly allowed awarding compettsettion of Rs.l,I5,750l-. Aggrieved by the same, the appellant filed the present appeal on two grounds. The hrst ground is that the Tribunal ought to have awarded Rs.6O,O00/- towards trvo grir:vous injuries and Rs.25,OOO/- towards fracture injury. The second ground raised is that the Tribunal has erred in 7 awarding less amount towards simple injuries and pain and suffering i.e. Rs.36,000/ and Rs.50,0OO/- respectively and ought to have granted Rs.50,0OO/- and Rs.1,OO,O00/- respectively.

4. A perusal of the order passed by the Tribunal shows that compenation of Rs.50,OO0/- is awarded towards pain and suffering. The petitioner sustained fracture of both bones right 1eg. Though the description shows fracture of both bones. of right leg, in medical parlance, said fracture is treated as one grievous injury and not as two grievous injuries. Even so, the Tribunal has an arded Rs.50,0OO/- towards pain and suffering i.e. Rs.25,0OO/_ for each fracture of both bones. Actually, said injury should carry compensation of Rs.25,0OO/ only towards pain and suffering. At this juncture, this Court is not inclined to interfere r,vith the award of Rs.5O,O00 l- by the Tribunal towards pain and suffering, though it is excess.

5. Coming to the next aspect of grant of Rs.36,000/-, the same is not gralted towards simple injuries but granted towands loss of earnings by taking the income per day at Rs.i00/_, monthly income at Rs.3,OOO/- and Rs.36,000/- per annum. In this context, learned counsel for the appellant referred to the judgment of the Hon'ble Supreme Court in Ramachandrappd. u. Mana.ger, Rogal 3 Sun4aram Alliance Insurantce Cotnpang Limiteda, wherein it is held as follo'n's: aged atrout 35 years a-r:d "...it is not ir L dispute that the appellalt '.vas was workinq as a Coolie ald was earning Rs.4,500/- per month at the time of accid ent. This claim is reduced by the Tribunal to a sum of Rs.3OOO/- only on the assumption that wages of thc labourer rluring the relevanl pcriccl uiz. in the year 2oO4, was Rs 100/ per day' This assumption Ln our t iew has no basis. Before the Tribunal, though Insurarce Cc,mpany was serwed, it did not choose to appear before the Court nor rli,l it repucliated the claim of the claimanl. Thcrefore, there was no rcason fr.lr tl-re TribunzLl to have reduced thc claim of thc claimanL ernd determitred Lhc monthiy earning a sr-rm of Rs.300O/- pcr month " As per the facts of the aforesaid case, Rs.4,SOO/- was to be taken as monthly income of a coolie for the year- 2OO4 In the instant case, the accident took place on 09.05.2C)07. Therefore, taking the monthty income as Rs.4,5OO/- \r'ould be appropriate and the annual income would be Rs.54,000/-. As such, loss of earnings is increased from Rs.36,00O/ to Rs.54,000/ This Court is not inclined to interl-ere with the compensation awarded by the Tribunal ur-rder other heads i.e. Rs.50,000/- tor'vards pain and suffering, Rs.1,000/ towards transportation charges, Rs.6,000/- towards extra nourishment and Rs.22,7 5O/- towards medical expenses. Thus, the total compensation payable to the appellant '(2o11) 13 scc 236 4 comes to Rs.1,33,750/- instead of Rs.1,15,750/_ as rvas awarded by the Tribunal.

6. Accordingly, the Motor Accident Civil Miscellaneous Appeal is partly allowed enhancing the compensation amount ar.r,arded by the Tribunal from Rs. l,l5,7SOl- to Rs.1,33,750/_, which shall carry interest at the rate of 7.5o1, per ennum. The conepensation amount shall be deposited by respondents within er period of two months from the date of receipt of a copy of this ,Jucigment, after rleducting the amount , if t:n.y, already deposited. On srlch deposit, the appellant is entitled to withclraw the same without furnishing any security. There shall be no order as to c-osts. Miscellaneous Petitions, if any, pending in this appeal, shall stand closed. To, //TRUE COPY// SD/-V KAVITHA EPUTY REGISTRAR SECTION OFFICER

1.The Chairman, lvlotor Accidents Claims Tribunal cum-lX Additional District and Sessions Judge, Nizamabad at Kamareddy.

2.One CC to SRl. AKKAM ESHWAR Advocate [OPUCI

3.One CC to SRl. KOTTA SUBBA RAO Advocate [OPUC]

4. Two CD Copies 7t GSA HIGH COURT DATED:21 10212025 ,I'- JUDGEMENT MACMA.N o.1470 of 2019 PARTY ALLOWING THE MACMA WITHOUT COSTS A- at1, 1) d o :--,>-,. r. i|\i l: \,, ..\ :'.;. \' .,0'lS '. :., r \\r !r 'i" -:r' t/ *]- -i.1 ji.:':\-'.ir,1 _-.-.llt ::!::-. - . 134421 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY,THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1zVO oF 2019 Between: Gyare Laxminarsaiah, S/o Narsaiah, Aged. 38 years, Occ. Slab Centering work and contract Labour R/o Palwancha Village, Machereddy [Vlandal, Dist Nizamabad ...APPELLANT AND '1 . The Depot lvlanager, And 3 Others, Andhra Pradesh Road Transport Corporation, Dubbaka Depot, Gambhiraopet mandal, Dist. Nizamabad District.

2. The General Manager, Andhra Pradesh Road Transport Corporation, RTC X Road, Musheerabad, Hyderabad

3. Mr. iil.L. Rajam, S/o. Not Known to petitioner, aged. Major, Occ. Ownerof Bus bearing No.Ap-28-U-4217 No. 5-8711. [,4oosapet, Hyderabad

4. Divisional Manager, The New lndia Assurance Company Limited, Divisional Office, Subhash Nagar, Nizamabad. (Respondent 1 and 2 not necessary parties to this Appeal) ...RESPONDENTS Appeal filed Under Section 1 73 of Motor Vehicles Act,1 988 against the Order and decree in M.V.O. P.No. 127 of 2009 dated. 221071201 1 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal cum-lX Additional District and Sessions Judge, Nizamabad at Kamareddy. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Tribunal and the material papers in the II/VOP and upon hearing the arguments of SRI P.V.B NANDANA SARMA REPRESENTING AKKAM ESHWAR , Advocate for the Appellants and SRI SUBA RAO, Advocate for the Respondent No.4 . This court doth Order and Decree as follows

1. That the Motor Accident Civil Miscellaneous appeal be and hereby is partly allowed enhancing the compensation arnount arn'arded by the Tribunal from Rs.l,L5,750 / - to Rs.1,33,75O/-, which sha1l carry interest at the rate of 7 .5o/o per arrnum

2. ThaI The compensation amount shall be deposited by respondents u,ithin a period of two months from the date of receipt of a oopy of this Judgment, after deducting the amount, if any, already deposited.

3. That On such deposit, the appellalt is entitle,f to withdraw the same withotrt furnishing any security. 4. That there shall be no order as to costs in this appeal. //TRUE COPY// SD/. V.KAVITHA EPUTY REGISTRAR SECTION OFFICER To,

1. The Chairman, lvlotor Accidents Claims Tribunal cum-lX Additionat District and Sessions Judge, Nizamabad at Kamareddy

2.Two CD Copies GSA HIGH COURT DATED:21 10212025 DECREE MACMA.No.1470 ot 2019 PARTLY ALLOWING THE MACMA WITHOUT COSTS A W