The High Court · 2025
Case Details
S. Baswa Raju, S/o Sriramkoti Jagdhaiah' aged about 19 years' Occ Student' F ;";;iil Fv; H. Nl". i a'z-zt e i t t z,'Pa ltan, Ma-lka pet' H vd erebad' ...Appellants/Petitioners AND 1. Anand Singh Rangi, S/o'Tara Chand' aged maior' Occ Business' Fl/o 69' ' 2. The New lndia Assurance Co. Ltd., [ep by.its Regional Manager, ll ' ri&:ri/ffi ti;;i,i,lr,in erildinss, R' P' Rdad secunderabad' S".toi is,"Fariaao-io. Haryana - 121 001' ...ResPondents/ ResPondents Counsel for the Appellant : Sri C Vikram Chandra Counsel for the Respondent NO'2 : Sri B Narayana Reddy The Court delivered the following: Judgment I .xffiF-u,/ hence, loss of income can be awarded for a period of six months The notional income of the appellant as a studerr. can be tal<en as that of al unskilled labour at Rs.4,5O0/- per month. Thus, for a period ol six months time period, an amoul- 1 of Rs.27,OO0/- (Rs.4,5OOx6) is awarded towards loss of incorre . Further, the Tribunal has not arvarded anv amount towards er;<tra nourishment ald two lractures and hence, an amount of Rs.lO,O0O/- and Rs.50,OOO/- respectively are ar.r,arded for the samt: 7 . In vieri, thereof, the appellant now would be entitled for compensatiotr of an amount Rs.92,000/- r_,ru,ards hospital expenses, Rs.5,000/- towards diagnostic experses, Rs.3,000/- towards medical expenditure, Rs.2,000/- towards travel expenses, Rs.27,OOO/ towards loss of income, Rs.30,OOC) /- each towards pain and sufferiirg and tonards loss of amenities zL rd expectation of life, Rs.10,000/- tolr,ards extra nourishment an<l Rs.50,000/- for two fractures.
8. Thus, the total compensation payable to the: appella:rt comes to Rs.2,49,000/- instead of Rs.1,63,750/- as was awarded by the , , Tribunal.
9. As far as interest is concerne:d, the Tribunal granted interest @ 7ok per annum for u.hich this Court is inclined, to interfere with 4 6 the same by relying upon the decision of the Hon'lcle Apex Court in Rajesh and others v. Rajbir Singh and othersl, and hereby increases the interest granted by the Tribunal frorn 7o/o per annum to 7 .5o/o per annum.
10. In the result, this Motor Accident Civil MiscellEneous Appeal is partly allowed enhancing the compensation amount awarded by the Tribunal from Rs.1,63,750/- to Rs.2,49,ooo/-, which shall carry interest at the rate of 7.SYo per annum. The compensation amount shali be deposited by respondent Nos. 1 and 2 within a period of two months from the date of receipt of a copy of this Judgment, after cieducting the amount, if any, already deposited. On such deposit, the appellant is entitled to withdraw the same without furnishing any security. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this appeal, shall stand closed. L-Lbt3 Ac-.a lA,o!2?urt(r-'") AL1 D/- A. SREENIVAS REDDY, STANTREGISTRAR \ To, //TRUE COPY// SECTION OFFICER
1. The Chairman, Motor Vehicle Accident Claims Tribunal-cum- X Additional Chief Judge, City Civil Court, Hyderabad( with records)
2. One CC to SRI C Vikram Chandra, Advocate [OPUC] 3. One CC to SRI B Narayana Reddy, Advocate [OPUC] 4. Two CD Copies BSR ' .. -------a-'!r-?'- - ^ -=*^ {r.; HIGH COURT DATED:2110212025 JUDGEMENT MACMA.No.3108 of 2019 r\ ' _---: : --.- t.-;i,::- .... i itl i1 i;, \ \,\"; ..'"),, .: .), ].- ,' '-. .-,.::- PARTLY ALLOWING THE APPEAL WITHOUT COSTS ( L 134421 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENW FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3108 OF 2019 Between: S. Baswa Raju, S/o Sriramkoti Jagdhaiah, aged about 19 years, Occ Student, Presently, Rl/o H.No. 16-2-2791112, Paltan, Malkapet, Hyderabad. ...Appellants/Petitioners AND
1. Anand Singh Rangi, S/o.Tara Chand, aged major, Occ Business, Rlo 69, Sector 29, Faridabad. Haryana - 121 0O1 .
2. The New lndia Assurance Co. Ltd., Rep by its Regional Manager, ll floor,Madhan Mohan Buildings, R.P.Road Secunderabad. ...Respondents/ Respondents Appeal filed Under Section 173 of Motor Vehicles Act, 19BB against the Order and decree in M.V.O.P.No. 1739 of 2013 dated 03.'1 1.2015 on the file of the Court of the Motor Vehicle Accident Claims Tribunal-cum- X Additional Chief Judge, 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 matedal papers in the MVOP and upon hearing the arguments of Sri C Vikram Chandra, Advocate for the Appellant and of Sri B Narayana Reddy, Advocate for the Respondent No.2 and none appeared for the respondent No.'1 . This Court doth Order and Decree as follows:
1. That the MACN/A be and hereby is partly a lowed enhancing the compensation amount awarded by the Tibunal from Rs.163.7501 to Rs 2,49,OOOI- (Rupees Two Lakhs Founty Nine thousand only) which shall r;arry interest at the rate of 7 .5o/o per annum
2. That the compensation amount shall be deposited by respc ndents Nos. 1 and 2 within a period of two months from the date of receipt of a copy of this judgment, after deducting the amount, if any, already deposited.
3. That on such deposit, the appellant be and hereby is entitled to withdraw the same without furnishing any security.
4. That there shall be no order as to costs of this appeal. SD/. A. SRINIVAS REDDY, ASI;TSTANTREGTSTRAR To //TRUE COPY// $ecrtoN oFFrcER (
1. The Chairman, Motor Vehicle Accident Clainrs Tribunal-cum- X Additional Chief Judge, City Civil Court, Hyderabad
2. Two CD Copies BSR D A. \r HIGH COURT DATED:21 10212025 DECREE MACMA.No.3108 ot 2019 PARTLY ALLOWING THE APPEAL WITHOUT COSTS W v w(