Telangana High Court
MACMA/3114/2014 of SRI YESIREDDY KARUNAKER Vs VAINALA RAMESH AND 2 OTHERS on 29 December 2023
I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA M.A.C.M.A. NO: 3114 OF 20 14 Appeal filed under Section 1 73 of lvtotor Vehicles Act, 19BB against the award and
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY, THE TWENTY NINTH DAY OF DECEIVBER
TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE P.SREE SUDHA
M.A.C.M.A. NO: 3114 OF 20 14
Appeal filed under Section 1 73 of lvtotor Vehicles Act, 19BB against theaward and Decree daled 07 -O2-2O12 passed in MVOP NO. 284 of 2008 on thefile of the lvlotor Accidents Claims Tribunal Cum Vll Additional District andSessions Judge, Warangal.
Between:
Sri Yesireddy Karunaker, S/o. Mogilaiah, Occ Manager Travels Rl/o. H.No. 20-14-213, East Fort, Warangal District.
...APPELLANT/PET|T|ONER
AND
1. Vainala Ramesh, S/o. Yadagiri, Owner of the Crime Vehicle, R/o. H.No. 16-4- 6, Fort Road, Pekol Pump, Warangal City and Diskict.
2. The Bajaj Allianz General lnsurance Co. Ltd.,, Rep. by its Regional Manager,Regional Office at Room No. 608 and 609, ll Floor, White House, Begum[et,Hyderabad, Presently H.No. 3-6-1 1.t/8, Street No. g far East plaza, SecondFloor, Opp Tata Show Room Liberty Road, Himayat Nagar, Hyderabad.Regional Office at Room No. 608 and 609, ll Floor, White House, Begum[et,Hyderabad, Presently H.No. 3-6-1 1.t/8, Street No. g far East plaza, SecondFloor, Opp Tata Show Room Liberty Road, Himayat Nagar, Hyderabad.3. The Bajaj Allianz General Insurance Company Ltd,,, Rep. by iis BranchManager, Branch Office, H.No. 1-7-690, lst Floor Loyola Arcade, Subedari,Hanamakonda, Warangal.Manager, Branch Office, H.No. 1-7-690, lst Floor Loyola Arcade, Subedari,Hanamakonda, Warangal.
...RESPONDENTS/RESPONDENTS
Counsel forthe Appellant: SRI CH. SHASHI BHUSHAN
Counsel forthe Respondent No.2: SRI A. RAMAKRISHNA REDDY
Counsel forthe Respondent No.3: M/s. T. V. SRI DEVI
The Court delivered the following: JUDGMENT
THE HONOURABLE SMT. JUSTICE P.SREE SUDHAM.A.C.M.A.No.3l14 of 2014
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JUDGMENT:
This appeal is filed against the Order dated O7.O2.2O12in O.P.No.284 of 2OO8 passed by the Chairman, MotorAccidents Claims Tribunal-cum-Vll Additiona-1 District andSessions Judge, Warangal.
2. The appellant/petitioner filed O.p.No.2B4 of 2OO8,claiming compensation of Rs.10,0O,000/- lor injuriessustained by the petitioner in the road traffic accidentoccurred on 25.O7.2OO7. The police, Mills Colony, registered acase in Crime No.245 of 2OO7.
3. Learned counsel for appellart/petitioner stated that onbeha,lf of the petitioners, P.Ws.1 to 4 were examined andExs.Al to 4.16 and Cl and C2 were marked. Ex.B1 wasmarked on behalf of respondents.
4. The Trial Court considering the ora_l and documentaryevidence granted Rs.1,92,500/- with interest @ 6olt perannum from the date of petition to till the date of deposit.Challenging the quantum of compensation as meagre, thepetitioners have filed the present appeal.
5. Learned counsel for the petitioner mainly contendedthat as per the disability certihcate, the petitioner sustained5O% disability, but the trial Court did not consideref thedisability. Therefore, requested this Court to enhance thecompensation by modifying the order of the Trial Court.
6. Heard both sides. Perused the record.
7. As per the evidence of P.Ws.2 and 3, doctors, thepetitioner sustained crush injury on right knee exposing thebone, injury on right leg, left elbow and right forearm. Heunderwent surgery for four times and he has taken treatmentat NIMS Hospital and frled Ex.A1O, outpatient card. Initiailyhe took treatment in MGM Hospital and later he wasadmitted in Rohini Hospital on 01.O5.20O8 arrd he wastreated up to 14.05.2008 and was again admitted in the samehospital on 28.01.2009 and surgery was done and wastreated up to 08.02.2009. The petitioner was treated underArorya Sree Scheme/
8. The petitioner sustained one grievous injury and threesimple injuries. Considering the nature of the injuries, thisCourt {inds it reasonable to grant Rs.SO,OOO/- towardsin'ries, Rs.25,00O/- towards pain and suffering, (
Rs.25,O00/- for loss of amenities, Rs. 15,000/- for
transportation, Rs.20,000/- for medical expenses,Rs.15,000/- for extra nourishment, Rs. 15,000/- towardsattendant charges. As he was working as a Malager in SriSai Krupa Travels and was earning Rs.8,500/- per monthRs.15,000/- for extra nourishment, Rs. 15,000/- towardsattendant charges. As he was working as a Malager in SriSai Krupa Travels and was earning Rs.8,500/- per monthand he could not attend his duties for a period of 15 monthsand loss of earnings for a period of 15 months comes toRs. 1,27,5OO/-.and loss of earnings for a period of 15 months comes toRs. 1,27,5OO/-.
9. Therefore, the appellants/petitioners are entitled for thecompensation in the following terms:
10. In the result, the appeal is partly allowed by enhancingthe compensation amount from Rs. 1,92,500/- to Rs.2,92,500/- (Rupees Two Lakhs Ninety Two Thousand FiveHundred only) with interest at the rate of 7 .5.k per annum "\
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from the date of filing the petition till date of realization.Though the respondent Nos. 1 to 3 are jointly and severallyliable to pay the compensation, respondent No.2 shalideposit the entire amount within a period of one monthfrom the date of order. On such Deposit, the petitioneris entitled to withdraw the total arnount along withinterest accmed on it. There shall be no order as tocosts.
Miscellaneous petitions pending, if any, shall stand closed.
SD/. MOHD. SANAULLAH ANSARIASSISTANT REGIST
//TRUE COPY//
SECTION OFFICER.
To,l The chairman, Motor Accident craims Tribunar-cum-V Addilionar District andl The chairman, Motor Accident craims Tribunar-cum-V Addilionar District and ^ [Sessions Judge, ][Warangal.(with ][records)]2. One CC to Sri Ch. Shashi Bhushan, Advocate [OpUC]2. One CC to Sri Ch. Shashi Bhushan, Advocate [OpUC]
3. One CC to M/s. T. V. Sri Devi, Advocate [OpUb]
Sri Devi, Advocate [OpUb]Devi, Advocate [OpUb]Advocate [OpUb][OpUb]4. One CC to Sri A. Ramakrishna Reddy, nOvocate 1OeUCl
5. Two CD Copies
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HIGH COURT
DATED:2911212023
JUDGMENT
MACMA.N o.3114 of 2014
PARTLY ALLOWING THE APPEAL.WITHOUT COSTS.
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