MACMA/2739/2014 of K.Vasanth Kumar, Vs The APSRTC, on 29 December 2023

JUDGMENT:

This appeal is filed by the injured/ claimant against thejudgment and decree dated ll.Og.2012 passed inM.V.O.P.No.162 of 2O1l on the file of the MACT-cum XIAdditional Chief Judge (FTC), CCC, Hyderabad.2. This appeal, is filed by Mr.K.Vasanth Kumar, who is rheinjured preferred this appeal stating that he met with anaccident on O4.O9.201O. He stated that he is working as anAssistant Professor in Mechanical Engineering in JawaharlalNehru Technological University, (for short UNTU,), .Jagiral as hcis earning Rs.25,OO0/- per month as on the date of accidentand he claimed of Rs.2,O0,0OO/- towards compensation for theinjuries sustained by hirn. But the trial Court after consideringthe oral and documentary ewidence granted an amount ofRs.97,0OO/- with interest @ 7o/o per annum from the date o[petition till the date of deposit. Aggrieved by the said order, theinjured filed this appeal.3. Heard learned counsel for the claimant and learnedStanding Counsel for R.T.C.Additional Chief Judge (FTC), CCC, Hyderabad.2. This appeal, is filed by Mr.K.Vasanth Kumar, who is rheinjured preferred this appeal stating that he met with anaccident on O4.O9.201O. He stated that he is working as anAssistant Professor in Mechanical Engineering in JawaharlalNehru Technological University, (for short UNTU,), .Jagiral as hcis earning Rs.25,OO0/- per month as on the date of accidentand he claimed of Rs.2,O0,0OO/- towards compensation for theinjuries sustained by hirn. But the trial Court after consideringthe oral and documentary ewidence granted an amount ofRs.97,0OO/- with interest @ 7o/o per annum from the date o[petition till the date of deposit. Aggrieved by the said order, theinjured filed this appeal.3. Heard learned counsel for the claimant and learnedStanding Counsel for R.T.C.

4. In the appeal it is mainly contended that the injured [aged]about 38 years at the time of accident and also stated that [he]sustained polytrauma with scalp and forehead armlsion [injury,]fracture 5h metatarsal and PPX left little finger and [other]injuries all over his body. The petitioner further stated that [he]was treated as in-patient from 04.O9.2O 10 to 08.09,2O1O [and]was discharged with an advise to come for review after one [week]and also advised to take complete medication and total [bed ][rest.]He had incurred more than Rs.50,O0O/- towards [medical]treatment and he was to undergo further treatment. By [the]date of fiting the petition the petitioner was undergoingperiodical medical treatment. He was getting a monthly salaryof Rs.25,OOO/- as Assistant Professor in Mechanicaltrngineering in JNTU, Jagityala. He is senior employee of JNTU.5. He firled Ex.A.3 is the certified copy of injury certihcateissued by Yashoda Hospital, Ex.A.4 is the discharge card alongwith complete medical record issued by Yashoda Hospital,trx.A.S is the bunch of oul-patient keatment record issued [by]Yashoda Hospital, Ex.A.6 is the bunch of eight medical bills,Ex.A.7 is the bunch of three X-rays pf the petitioner.6. He further stated that he incurred an amount [of]Rs.66,655/ - towards medical treatment including physiotherapy. From Ex.A.4 it is clearly stated that a surgerywas performed to the petitioner with debriment + repair [+]reduction of splinting left hand were done under generalanaesthesia on O5.O9.2O10. According to him it is stated thatout of Rs.75,O00/- incurred by him, an amount of Rs.4O,OOO/-was reimbursed.7. Considering the nature of the injury, age of the injuredand the other documents filed by him, this Court finds itreasonable to grant an amount of Rs.35,OOO/- towards Medicalexpenses, as petitioner sustained three grievous injuries he isentitled for Rs.50,00O/- towards loss occurred due to injuries.Apart from that, the petitioner is entitled an amount ofRs.20,OO0/- towards pain and suffering, Rs.20,OO0/- towardsloss of amenities, Rs.15,00O/- towards Transportation,Rs. l5,OO0/- towards attendants charges, Rs. 15,0OO/- on loss ofdamaging of the cloths and Rs. 15,OOO/ - towards Extranourishments and. As petitioner was working as an AssistantProfessor and he is earning Rs.25,OO0/- per month due toinjuries sustained by him he might not have attended his dutiesfor a period of six months as he fully availed the [leave ][facility.]Therefore, this Court finds it reasonable to grant an amount [of]

at least two months salary under this head. Therefore, thepetitioner is entitled for Rs.50,0O0/ - under this head.

8. Therefore, appellant/ injured is entitled for thecompensation in the lollowing terms:

9. In the result, this appeal is allowed by enhancing the compensation from Rs.97,OOO/- to Rs.2,3S,OOO/- (Rupees Twolakhs Thirty Five thousand only) with interest at the rate of7.5%o per annum from rhe date of Iiling the petition till the dateof realization. Rcspondents No. I and 2 are jointly and severallyliable to pay compensation rvi thin a period of one monthfrom the date of this Judgment. On such deposit,petitioner is permitted to withdrau, the entire arnountlakhs Thirty Five thousand only) with interest at the rate of7.5%o per annum from rhe date of Iiling the petition till the dateof realization. Rcspondents No. I and 2 are jointly and severallyliable to pay compensation rvi thin a period of one monthfrom the date of this Judgment. On such deposit,petitioner is permitted to withdrau, the entire arnount wilh interest [accrued ][on ][it. ][There ][shall ][be no order]along as to costs.

Miscellaneous petitions [pending, ]if [any, shall ][stand]

closed.

Sd/- MOH[D. ][SANAULLAH ANSARI]ASSISTANT [REGIS]R

/ITRUE COPY//

SECTION [OFFICER]

To, . 1The Chairman, Motor Accidents Claims Tribunal --cum- Xl Additional Chief 1LuJge [[(FTC), ]][City ][Civil ][Court, ][Hyderabad']LuJge [[(FTC), ]][City ][Civil ][Court, ][Hyderabad']

LuJge [[(FTC), ]]b;;ed to ['sri. ][i. ][Ramakrishna-ReddY' ][Advocate^[oPUCl]b;;ed to ['sri. ][i. ][Ramakrishna-ReddY' ][Advocate^[oPUCl]

. o;; aa [io sti. ][rnoo* ][Srinivas (SC ][FoR RTC) ][[oPucl]

4. Two CD [CoPies]PSR

*\X\

I

HIGH COURT

DATED: 2911212023

JUDGMENT

ATE [OF]1s&:)\$[\\\]* i.'

MACMA.No.2739 of 2014

ALLOWING OF THE MACMA WITHOUT COSTS.

IN THE HIGH [COURT ][FOR ][THE STATE ][OF ][TELANGANA]AT HYDERABAD

FRIDAY, ' "'-'iwo [THE TWENTY NINTH ][DAY ][OF DECEMBER]rnousAND AND TWENTY THREE

PRESENT

THE HONOURABLE [SMT ][JUSTICE P.SREE SUDHA]

ous APP[EAL ][NOT][ 2739 ][0F][ 2014]

MOTO R [ACCID][ ENT ][CIVI][L ][MISCELLANE]

Between:

K.Vasanth [Kumar,, S/o. K'Varadarshi' Occ: Assistant ][Professor ][in ][Mechanical]

Engineering, [JNTU Coltege ][of ][Engineering' ][Jagitiala' ][Resident ][of Plot ][No'26']Road No. [3, ][Vasavi Colony, Saroornagar' Hyderabad']

...Appellant

AND

1. The APSRTC,, [Rept., ][By ][its Managing Director' Musheerabad' ][RTC ][X Roads']Hyderabad.Hyderabad.

2. The [APSRTC, Rept' ][by ][its ][Depot ][Manager' Asifabad ][Depot' ][Medak District']Owner of [the APSRTC, ][Bus ][bearing NO' AP 28 ][Z4955]Owner of [the APSRTC, ][Bus ][bearing NO' AP 28 ][Z4955]

...Respondents

Appeal [Under ][Section ][173 ][of ][Motor Vehicles ][Act' ][against the Award and ][decree]dated 11-09-2012 [passed ][in ][O'P'No 162 ][of ][2011 ][on ][the ][file of ][the ][Court of ][the]Chairman, [Motor Accidents Claims Tribunal ][-cum- ][XI ][Additional Chief Judge (FTC)']City Civil [Court, ][HYderabad']

ORDER: [This appeal coming ][on for ][hearing ][and upon ][perusing ][the grounds ][of]

the [Judgment ][and ][Decree ][of ][the ][Lower ][Court and ][the ][material papers ][in]appeal, the case [and ][upon hearing ][the ][arguments ][of Sri' P' ][Ramakrishna Reddy' Advocate]for the Appellant [and of Sri' Thoom ][Srinivas ][(SC FOR ][RTC)]

This Court doth Order and Decree as follows:

1. That the Motor Accident Civil Miscellaneous Appeal be and hereby isallowed by enhancing the Compensation from Rs.97,000/- toRs.2,35,0001 (Rupees Two lakhs Thirty thousand only) with interest at therate of 7.5o/o per annum from the date of filing the petition till the date ofrealization;allowed by enhancing the Compensation from Rs.97,000/- toRs.2,35,0001 (Rupees Two lakhs Thirty thousand only) with interest at therate of 7.5o/o per annum from the date of filing the petition till the date ofrealization;

2. That the Respondent Nos.1 and 2 be and hereby are Jointly andSeverally liable to pay Compensation within a period of one month fromthe date of this Judgment;Severally liable to pay Compensation within a period of one month fromthe date of this Judgment;

3. That on Such deposit, Petitioner is be and hereby permitted to withdrawthe entire amount along with interest accrued on it; andthe entire amount along with interest accrued on it; and

4. That there shall be no order as to costs in this appeal.

Sd/- MOHD. SANAULLAH ANSARIASSISTANT REGISTRAR

E

To,

3cc1\o st o(;?t ce (.-

1. ' The Chairman, Motor Accidents Claims Tribunal -+um- Xl Additional ChiefJudge (FTC), City Civil Court, Hyderabad.Judge (FTC), City Civil Court, Hyderabad.

2. Two CD Copies

PSR

HIGH COURT

DATED: 2911212023

DECREE

MACMA.N o.2739 ot 2014

ALLOWING OF THE MACMA WITHOUT COSTS.