The Motor Accidents Claims Tribunal awarded Rs.50,000 compensation for injuries sustained in a motor accident. The High Court held the award was meagre and allowed the appeal, enhancing the compensation to Rs.1,77,800 with adjusted interest rates.
Compensation enhanced from Rs.50,000 to Rs.1,77,800 with interest at 7.5%p.a., directed deposit by respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
t 'r
!t1 i,;.1€
t3304 I
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY THREE
,
PRESENT
THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
MOTOR ACCID ENT ClVlL MISCELLANEOUS APPEAL NO: 1 288 0F 2011
1 $,ji} :rf,r3Appeal filed under Section 173 of M V. Act ., against the Judgment and iledree in O.P. No.804 of 1999 dated 28.09.2001 made on the file of the Court of the] Chairman, Motor Accidents Claims Tribunal - cum - 1sr Additional District j..i .Judge, Ranga Reddy at L.B.Nagar. t. 't
Between:
M.Yadaiah,, S/o. M.Ramaiah, Age: 5t years, Occ: Labour, Ri/o. Saraswathiguda Mllage, Kandukur Mandal, R.R.'District.
...APPELLANT/PETITIONER
AND
.:'I
..RESPONDENTS/ RESPONDENTS
Counsel for the Appellant : STi V. SATYAM REDDY
Counsel for Respondent No.2 STi K. MADHUSUDHAN REDDY
Counsel for Respondent No.1 : None appeared
The Court delivered the following: JUDGMENT
THE HON'BLE SRI JI,STICE NAMAVARAPU RAJESHWAR RAO
M.A.C.M.A.NO.1 288 0F 2()11
JUDGMENT:
This MACMA is Iiled under Section 173 of the Motor Vehicles Act, 1988 by the appellant/petitioner aggrieved by the Judgment and decree dated 28.O9.2001, passed in O.p.No.gO4 of 1999 by the Chairman, Motor Vehicles Accidents Claims Tribunal-Cum-I Additional District Judge, Rangareddy District (for short "Tribunal").
2
RRN.J MACMA I2E82OII
was registered by the SHO, Pahadishareef P.S. Thepetitioner filed aforesaid OP against respondent Nos. I and 2, ownerand insurer of the lorry, claiming compensationof Rs. 1,25,OOOl-for the injuries sustained by thepetitioner.
RRN.] MACMA 1288 2OI I
3
t 1 l I l
'Whether the compensation anuarded bg tle
Tibunal is just and eqtitable"?
4
RRN,J MACMA 1288 201 I
Alllance Insurance Co.Ltil, the petitioner's monthly income is hxed by this Court at Rs.4,50O/-. Therefore, the annual income of the petitioner comes to Rs.S4,OOO/- (Rs.4,500/- x l2l. Considering the disability of the petitioner at 2O%o, the total loss of income would come to Rs. 1,72,80O/-(Rs,54,OOO /- x 16 x 2O"h) ('16' being the appropriate multiplier). The tribunal has granted interest @ 12% per zrnnum, but this Court grants interest @ 7 .5"h on enhanced amount only, and this Court found that no amount was granted towards transportation and attendant charges. Therefore, Rs.5,000/- is granted towards transportation and attendant charges. While frxing the a'*'ard the Court below gralted the interest as l2Vo per annum.
1 1. In all, the petitioner is entitled to Rs.1,77,8OO/- tou'ards compensation. Though the petitioner claimed only Rs. 1,25,000/- invoking the principle of just compensation, and in view of the law laid down by the Hon'ble Supreme Court in Rajesh us. Rajbir Singh2 and in a catena of decisions, this Court is empowered to grant compensation beyond the claimed amount, subject to the payment of de{icit Court fees on the en hanced compensation.
'(2ot t) t3 scc236 l\tANti s('0480,2013
/
5
RRN.J MACMA l2E8 20r r
I
Miscellaneous petitions, if any, pending shall stand closed.
Sd/. P. PADMANABHA REDDY ASSISTANT //TRUE COPY// SECTION OFFICER
I ASSISTANT
lt //TRUE COPY//
iTi. l; :. ': 111 ''- i,i:1.ii ;r, SECTION OFFICER
Ft 5;" i.To,r
i- j. a ii+ ,.1. The Chairman, Motor Accidents Claims Tribunal - cum - 1st Additional
i." :i. :' i-. . District_Judg_e, Ranga Reddy at L.B.Nagar (with records, if any).
.- .'
i .r i .: 2. One CC to Sri V. SATYAM REDDY, Advocate [OPUC]
!.. q ,:' .',.i 1'1: S. One CC_to Sri K. MADHUSUDHaT.T iieOOV, A<ivo"ite 1OeUC1
'!. ,a. Two CD Copies
r', ii
1i.l ASR/NJI]
^f
I i.l Lr t ii
I I
j ;I]t: t' t;!i: t. I-I i.,1.. t. !
l liit lt.:iit, 1tItri 1, 11t j.
HIGH COURT
l:._ i:.: il.
I
DATED:31 10712023
JUDGMENT + DECREE
MACMA.N0.1288 of 2011
'a
1$ E STATE
(
e
f
a
a)o $ 2 FEB 2ut
+.;:
+
*
ALLOWING MACMA WITHOUT COSTS
. ai: . !,,, s i,.r I ; i.: li . l:1 r'r - ,i t;1.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY THREE
PRESENT
.-4. THC HONOURABLE SRI JUSTICE NAMAVARAPU RA.JESHWAR RAO
.i MoToR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1288 OF 2011 t
Between:
...APPELLANT/PETITIONER
AND
...RESPONDENTS/ RESPONDENTS
1.j Appeal filed under Section 173 of M V. Act ., against the Judgment and deiree in O.P- No.804 of 1999 dated 28.O9.2OO1 made on the file of the Court of the Chairman, Motor Accidents Claims Tribunal - cum - 1st Additional District Judge, Ranga Reddy at L.B-Nagar.
.. ,i
ORDER: This appeal coming on for hearing and uponperusing thegrounds of appeal, the Judgment and Decree of the Lower Court and the materialpapers in the case and upon hearing the arguments of Sri V. SATYAM REDDY, Advocate for the Appellant and of Sri K. MADHUSUDHAN REDDY, Advocate for the Respondent No.2, and None appeared, Advocate for the Respondent No.1. This Court doth Judgment and decree as follows:-
1 . That the M.A C.fi/.A.No.1 288 ol 2011 be and hereby is Allowed by enhancing
the compensation awarded by the tribunal From Rs. 50,000/- to Rs. 1,77,8001
(Rupees One Lakh Seventy Seven Thousand Eight Hundred only) with interest
i
Iirc*r F:{ iiir 11. : ig ,l tr:: :i i- 'a !.
"'5. That there be no order as to costs in this appeal.
.i' j. ,l ,k
Sd/. P. PADMANABHA REDDY ASSTSTANT(REGTSTRAR //TRUE COPY// \ .^_--Ly SECTION OFFICER
!1
,I
To,
ASR,iNJB
4N-
,.,'t .--::it.t.
HIGH COURT
i DATED:31 10712023
; i. .i: i lt:
I r, 'i:.: I :, il
,! t, i:x .1 a: ai. ..; .,,:
DECREE
MACMA.No.1288 of 2011
1t't -. '; .. l. i;r ? fl".L r' n'+
'a;
,i
'li ri .i i +r l ': )..1 : ,l;l I €.,r .il
ALLOWING MACMA WITHOUT COSTS
/
3 issues framed by the court
Whether the compensation awarded by the Tribunal is just and equitable?
Whether the compensation should be enhanced beyond the claimed amount.
What interest rate should apply to the enhanced compensation.
Colour shows how this judgement treated each authority
Rajesh Vs. Rajbir SinghFollowed¶48
Rajesh Vs. Rajbir Singh
Ro.ma,cha,nd.ppappapa Vs. Rogal Sundoram Alliance Insurance Co.LtdReferred¶44
Ro.ma,cha,nd.ppappapa Vs. Rogal Sundoram Alliance Insurance Co.Ltd
1 provisions across 1 enactments
M.Yadaiah
V.V.Chowdary
The Oriental Insurance Co. Ltd.
NAMAVARAPU RAJESHWAR RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
