Partly allowed

Abu Sufiyan, S/o.Md.Israil, Aged 15 Years Student v. The Depot Manager

Telangana HC23 Sept 2023MACMA/2082/2011

Case brief

AI extract

What is this about?

The High Court allowed the motor accident appeal in part, enhancing the compensation awarded to a minor student injured in a bus accident. The court increased the total award to Rs. 82,100/-, including higher amounts for pain and suffering, medical expenses, and loss of studies.

What did the court decide?

Compensation enhanced from Rs. 43,100/- to Rs. 82,100/- plus interest at 7.5% per annum.

Abu Sufiyan, S/o.Md.Israil, Aged 15 Years Student Vs… — Motor Accident Claims | Telangana HC (2023)

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[³³⁰⁴ ]

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t I t

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IN THE HIGH COURT FOR TH-E STATE OF TELANGANA ATHYDERABAD^"'-""'

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I I

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SATUROAY, THE TWENTY THIRD DAY OF SEPTEMBER Two rHousANo AND TwENTyranie^-"'--.

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I i .L ti

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PRESENT

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THE HONOURABLE SRI JUSTICE NAMAVARAPU RA"'ESHWAR RAO l M TOR AC ID T IVIL ls EOUS P AL o 820F 11

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Appeal under Sectionl T3 of Motor Vehicl es Act against the order and decree in O.P.No. 2216t20O6 dated 23.10.2009 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal_cum_Xxll Addl. Chief Judge, City Criminal Court, at Hyderabad.

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Between:

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flbg^{Sy.fiyalr S/o.Md.lsrait,} Aged^{.tS years.} Md.lsrait, S/o.Md.MahabooU "nfe"il, bE,"' AUro Unver, .^Student,u/g Rio. H.No.2_3_5414,^{of Naturalfather} Qadribhag, Amberpet, Hyderabad.

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...APPELLANT/PETITIONER

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AND

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1 I?:r?:83:"*'ger,^{DilsukhnasarDepot[DSNR Depot]o/o.DSNR.,}

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2 The Managing Director, ApsRTc o/o.Musheerabad X Roads, Hyderabad

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...RESPONOENTS/RESPONDENTS

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Counsel for the Appellant,. : SRI. L. PRABHAKAR REDDY Counsel for the Respondents : SRI THOOM SRll,llVAS (SC FOR RTC) The Court made the following:

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THE HON'BLE SRI WSTICE^{NAMAVARAPURAJESH1VAR RAO}

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M.A.C.M.A.No.2082 of 2Oll

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JUDGMENT:

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The appellant/ petitioner filed the^{present appeal againstthe} Judgment and decree^passed in^{O.P.No.2216of 2006 da\ed 23-|O-2OO9} by the XXII Additional Chief^{Judge-Cum-Before the MotorAccidents} Claims Tribunal, City Criminal Court,^Hyderabad fhereinafter^referredto as 'the Tribunal').

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The brief facts of the case are that^{on O6.01.2O05at about1.OO} P.m., the minor peiitioner, along^{with his father,by walk, was proceeding} towards the Masjid at Amberpet^{for prayers. Meanwhile a bus bearing} No.AEZ 5936, driven by its^{driver rashly and negligently dashed the} petitioner. As a result, the petitioner sustained^{fracture injuriesand} other injuries all over his body.^{The petitionerwas treated at Osmania} General Hospital, Hyderabad.^{For the abovesaidaccident, the petitioner} claimed Rs.5,OO,OOO/- towards compensation.

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3- Before the Tribunal, the respondent Nos. I^{and 2. trled counter and} denied all the allegations made in^{the petition. After hearingboth sides,} the Tribunal allowed the OP in^{part by awardingcompensation o[} Rs.43, l OO/- in all.

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Learned counsel for the^petitioner submitted^{that the Tribunal} failed to appreciatc that due to the accident,^{the petitioner sustained}

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i__)

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RRN,J MACMA_2082_201 I

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multiple fractures and injuries, and to support the same, Injury certihcate issued by the Hospital was placed and was marked as Ex.A3. The Tribunal, without considering the same, granted a meager arnouqt of Rs.30,0OO/- towards Pain and Suffering. It is further submitted that the petitioner was treated in the hospital for an extended period ald tJle Tribuna-l had granted Rs.4,OO0/- towards incidental expenditure and transportation charges, which is very low. At the time of the accident, the petitioner was studying in 3rd standard and due to the fractures arld injuries, he was unable to attend school. The Tribunal granted a small portion of the amount Rs.2,0oo/-towards ioss of studies. Learned counsel for the petitioner prayed this court to enhance the compensation arnount.

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Per contra, learned counsel for the respondents submitted that after examining the records the Tribunal rightly granted an amount of Rs.43,10O/- in ail ald no interference is required by this Court.

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Heard both sides. Perused the material available on record

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The Tribunal had granted Rs. 3O,OOO/- towards pain and suffering. since the petitioner sustained bilateral fractures of shaft of femur, crush injury to the right foot, injury to the pelvis and blunt injury abdomen, this Court is inclined to grant amount of Rs.2O,00O/_ each for 2 fractures and for two simple injuries this court grants an arnount of

RRN,J MACMA 2082²⁰¹¹

Rs. 1O,0OO/- each.^{The Tribunal had granted an amount of Rs'7'O87/-} towards Medical expenses,^{which needsno interference'}

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The Tribunal^{granted Rs.4,0OO/-} towards incidental and transportation charges Since the petitioner^{was treated in the hospital} from 06.01.2OO5 to^{23. i 1.2005, this Court is inclined to enhancethe} amount granted^{under the head incidental charges and transportation} charges to^{Rs. 1o,0oo/. Comingto head loss of studies,the Tribunalhad} granted Rs.2,OOO/- and^{due to the abovesaid injuries' the petitioner} studies might^{haveLreen put to great loss' Hence, this Court grants} The differences^{in amount arrivedat} Rs.5,O00/- towards^{loss of studies} are as follows:

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Head	Arnountarrivedat^bY theTribunal	Amount arrived^atbY thisCourt
Painand suflering	Rs.3O,OOO/-	Rs.6o,OOo/- 2flO OOO+2x1O
Medicalexpenseg^and	Rs.7,Oa7l-	Rs.7,O87l-
attendancc- Incidentaland	Rs.4,OOO/-	Rs.lO,OOo/-
Trans rtation enses [rssof studies	Rs.2,OOO/-	Rs.5 ol-.
Total	Rs.43 oa7	Rs.a2 87
Rounded offtotal	Rs.43,lOO/-	Rs.a2 loo

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g. The Tribunal,^{while awardingthe compensation' grantedinterest} at the rate of^{7o/o per annum lrom the date of the petition'and this Court} is granting 7.57o^{interestper annuffron the enhanced amount fromthe} date of petition^{titl the date of realization'}

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RRN,J MACMA 20a2 2011

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In the result, the appeal is allowed in part by enhancing the compensation from Rs.43,1oo/- to Rs.g2,100/_ with the interest of 2.5%o per annum on the enhanced amount from the date of p.ri,ion till the date of realization. The respondenls shall deposit the said compensation amount together wit h interest and cosl s after giving due credit to the amount already deposited, if any, within t\Mo months from receipt of a copy of this judgment. On such deposit, the petitioner is permitted to withdraw the same. There shall be no order as to costs.

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As a sequel, rniscellaneous petitions pending if any, shall stand

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closed.

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I I I I i. & t I

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Sd/- G. SIREESHA ASSISTANT REGzRAR //TRUE COPY// ,j' SECTION OFFICER

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To,

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The Chairman, Motor Accidents Claims Tribunal-cum XXll Addl. Chief Judge, City Criminal Court, at Hyderabad (With Records if any) 1. One CC to SRI L. PRABHAKAR REDDY, Advocate [OPUC] 2. One CC to SRI THoOM SRINIVAS^(SC FOR RTC) [OPUC]

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Two CD Copies

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USR/DL

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HIGH COURT DATED:23/09/2023 t. : i.t)t 1i *a $ .i5 1 { fI! + iJ},,iI ;IF ',, JUDGMENT MACMA.No.2o82 of 2011 'lri I I r., i .4. ,i i{ I i i .^,:r. . t' : i PARTLY ALLOWING THE MACMA WITHOUT COSTS i 18

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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1 'I' ....t.. tx ;,1.! T,.l.':'.''i. ':i ,;;....ic. ;l t1

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SATURDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENW THREE

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PRESENT

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THE HONOURABL- SRI JUSTIGENAMAVARAP{J RAJESHWAR^RAO MOTOR ACCIDENT CIVIL MISCELLAN EOUS APPEAL^{NO: 2082 OF 2011}

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Between:

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Abu Sufiyan, S/o.Md.lsrail, Aged 15 Years, Student, u/g of Natural father Md.lsrail, S/o.Md.Mahaboob Aleem, Occ: Auto Driver, R/o.H.No.2-3-5414, Qadribhag, Amberpet, Hyderabad.

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...APPELLANT/PETITIONER

i1':, ; ,_I .:, .t

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AND

: t.^{fne Depot l\ilanager, Dilsukhnagar Depot} [DSNR^{Depot] O/o.DSNR.,} i Hyderabad.

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The Managing Director, APSRTC O/o.Musheerabad X Roads,^Hyderabad.

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...RESPONDENTS/RESPONDENTS

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Appeal Under SectionlT3 of Motor Vehicles Act against the order^{and decree in} O.P.No. 22161200O dated 23.10.2009 on the file of the Court of the^{XXllAddl,Chief} Judge cum Before the Motor Accidents Claims Tribunal, City Criminal Court,^at Hyderabad.

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: ' ORDER: This appeal coming on for heaiing^{and upon perusing the groundsof} i appeal, the Judgment and Decree of the Lower Court and the^{materialpapers in the} case and upon hearing the arguments of SRl. L. PRABHAKAR REDDY, Advocate

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iI for the Appellant and of SRI THOOM SRINIVAS^{(SC FOR RTC), Advocate for the} Respondents.

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..4 :: .f.{

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t; ) ,i 1 t ,t:

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.This Court doth Order and Decree as follows:

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Ilr . That the Motor Accident Civil Miscellaneous Appeal be and hereby is^Partly

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.t^.r: allowed:

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That the compensation amount be and hereby is enhanced from Rs. 43,10olto Rs. 82,1001 with the interest of 7.5Y.^per annum on the enhanced amounl from the date of petition till the date of realization;

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That the respondentrs shall deposit^{the said compensationamount together} with interest and cots after^giving due credit^{to the amountalready deposited,} if any, within two months from^{receiptof copy of this Judgment;}

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,'i . ,-i :I t.t5t5. That the same;save as aforesaid, the decree t, ,${ 5 ,to,. rl .t! r* rf:i, rl.:t To, :l :

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That on such deposit; the^petitioner be^{and herebyis permifted to withdraw} the same;save as aforesaid, the decree

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t.t5t5. That the same;save as aforesaid, the decree^{of the Lower Courtshall stands} confirmed in all other respects; and

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. That there be no order as to costs^{in this appeal}

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SdI G. SIREESHA ASSTSTANT8EGTSTRAR \ -///TRUE COPY// V SECTION OFFICER

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The Chairman, Motor Accidents Claims Tribunal-cum^{XXllAddl.Chief} Judge, City Criminal Court, at Hyderabad^(With Records^if any)

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Two CD Copies

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I HIGH COURT '" tt Hoareo'zyoslzozg .i,..I { 1l 'il III r II r.q. ir } alF-r + : .l' r- - :,^,, I 1 ', t, l:, r: ::^,$ iL 1 I 'tt DECREE MACMA.No.2082 ot 2O11 i ,{ '',^! r't&.. t'a '.. r: ,liL t: ..i,&''.ldrrX.', ,"ff,.II I ".{,t ; t.i':i ;:t:. . ,i&. ': :f,.4 i.^,c 'li d 'lf , .iti 1t: :.ii.,. -i' .t .. r:lilf.l,; :t.t:,''.,. 2 ,-,"l I i lt. ,l:: .r' i ,. .): ' 1,i1,. -1.. 1rf, .4,,,' _ 1,'. ,. PARTLY ALLOWING THE MACMA WITHOUT COSTS

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+

Abu Sufiyan, S/o.Md.Israil, Aged 15 Years Student v. The Depot Manager

Case brief

What is this about?

What did the court decide?

Abu Sufiyan, S/o.Md.Israil, Aged 15 Years Student v. The Depot Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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