The High Court enhanced compensation awarded to a motor accident victim, adjusting future loss of earning based on age and disability percentage, and granting additional amounts for amenities and attendant charges.
Compensation enhanced from Rs. 3,68,800/- to Rs. 13,86,920/- with interest at 7.5% per annum from filing date.
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.
[3216 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE M.LAXMAN
MOTOR ACCIDENT CIVIL MISCELLANE OUS APPEAL NO:2527 OF 2007
Appeal filed under Section 173 of Motor Vehicles Act aggrieved by the order dated 25-06-2007 passed in oP.No. 367 ot 2oo4 on the file of the Speciat Judge for Trial of offences under SCs & STs (poA) Aclcum-lVth Additional lvletropolitan Sessions Judge-cum-XX Additional chief Judge at secunderabad
Between:
Iv1R. R. Mallesh, S/o. B. Danaiah, Age: 38 years, Occ: private Employee,
R/o. H.No.24-1-98, Tukaramgate, Secunderabad, represented by nis wife B.Laxmi as next fnend in O.A.No. 88/07 dt. 1S-2-20O7
..APPELLANT/PETITIONER
AND
...RESPONDENT/RESPONDE NT
Counsel for the Appellant: SRl. S. RAJ KUMAR
Counsel for the Respondent No. 2: SRl. TEEGALA NARSI REDDY
The Court made the following: JUDGMENT
THE HON'BLE SRI JUSTICE M.LAXMAN
M.A.C.M.A.No.2527 of 2007
JUDGMENT:
.\ -- .."/
2
II .|,
I
J
monthly income of Rs.4,396/ ; Further, evidence of pw4 shows that on account of mental ancl physical disabilit5r, the injured was removed from his employment; Ex.A7 is the salary certificate; Ex.A6 is the disability certificate, which shou,s 70% disability.
7 . Further, evidence on record demonstrates that the Tribuna,l has not considered Ex.A6/disability certilicate for the reason that author of such docr_rment was not examined. trx.A6 has to be read in the context of other evidence of pW3 and pW2 including pWl. The other factor to be taken into consideration rn as that the present O.P is filed by the injured rhrough his next friend, for which permission was grante<r by examining the mental condition of the injured. This fact also demonstrates that the injured was not mentally fit enough on account of injuries. This gives corroboration to the evidence of PW3 and pW4. Therefore, the Tribunal should have taken l0O7o disabilit-1, 6rr, not 5Oo% even though doctor, who issued trx.A6, \ ras not examined.
4
Then monthly income comes to Rs.6,594l_ [4,396 + ((50/1OO) x 439611. Then annual income comes to Rs.79,I2B/_ [659a x l2l. Considering the fact that the injured lr,as aged 3g years at the time of accident, appropriate multiplier would be ,15,. Then loss of earning capacity comes to Rs.11,86,920 /_[29,128 x 1S].
)
: l
compensation enhanced undervarious headsis as follows:
| Sl.No. | NameofHead | Awardedby Tribunal |
Awardedby thisCourt |
|---|---|---|---|
| 1 | Loss ofearning c4pacl |
Rs.2,8t,344l- | Rs.11,86,920l- |
| 2 | Medicalexpenses, transpor[ation,extra nourishmentand Attendantcha CS |
Rs.37,497/- [33497+ 20oo+2oo0l |
Rs.50,O00/- |
| 3 | lossof amenities | Rs.1,00,OO0/- | |
| 4 | Painand sullering | Rs.5O,OOO/- (injuries+ pain and sufferin |
Rs.5O,OOO/- |
| Total: | Rs.3,68,841/- Roundupto Rs.3,68,80O/- |
Rs.13,86,920l- |
(i). The compensation arvarded by the Tribunal is enhanced from Rs.3,6B,BO0/- to Rs. 1 3,86,92O / -.
(ii). The enhanced amollnt shall carry interest at 7 .5o/o per annum from the date ol tiling of the O.P. till the date of reaJization
(iii). The claimants shall pay the Court fee on the enhanced amount of compensation
(iv). Respondent Nos. I and 2 are directed to deposit the enhanced amount jointlv and severally to the credit of O.P. along n,ith
6
I I I
accrued interest r,"'ithin a period of two months from the date of receipt of a copy of this order
(v) . On such deposit, the claimant/ appellalt 1S permitted to
withdraw the entire amount in the proportions, as fixed by the Tribunal
There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.
Sd/. A.V.S. PRASAD
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
USR-iV
HIGH COURT
DATED: 0510912023
JUDGMENT
MACMA.No.2527 ot 2007
-, .; .i'...--.:lj r l;,;1--;.*.-.,
Jt{
i i.) 21 HI\R 2t2[
r-)
.,.'i.:
-!' ,.'
-:,.ir
ALLOWING THE MACMA
WITHOUT COSTS
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE M.LAXMAN
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEALNO: 2527 OF 2007
Between:
MR. R. tvlallesh, S/o. B. Danaiah, Age: 38 Years,Occ:Private Employee, R/o. H. No.24-1-98, Tukaramgate, Secunderabad, represented byhis wife B.Laxmi as next friend in O.A.No. 88/07 dt. 15-2-2007
...APPELLANT/PETITION ER
AND
...RESPONDENT/RESPONDENT
Appeal filed under Section 173 of tvtotor Vehicles Actaggrievedby the Order dated 25-06-2007passed in OP.No. 367of 2OO4 on the file of the Special Judge for Trial of Offences under SCs &STs (POA) AcGCum-lVthAdditional lvletropolitan Sessrons Judge-Cum-XX Additional ChiefJudge at Secunderabad
ORDER: This appeal coming on for hearing andupon perusing the groundsof appeal, the Judgntent and Decree of theLower Court and the material paper in the case and upon hearing the arguments of Sri. S.RAJ KUMAR, Advocatefor the Appellant, and of Sri TEEGALA NARSI REDDY, Advocatefor RespondentNo.2 This Court doth Order and Decree as follows:
Sd/. A.V.S. PRASAD ASSISTANT REGIST R
//TRUE COPY//
SECTION OFFICER
To,
HIGH COURT
DATED: 0510912023
DECREE
MACMA.No.2527 ot 2007
ALLOWING THE MACMA
WITHOUT COSTS
)
ww
2 issues framed by the court
Whether the Tribunal properly fixed the future loss of earning by considering the future prospects and evidence of disability.
Whether the compensation awarded under various heads including loss of amenities deserves enhancement.
2 provisions across 2 enactments
R. Mallesh
A. Sanjeeva Reddy
The New India Assurance Company Limited
M. Laxman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
