High Court allowed motor accident civil miscellaneous appeal partly, enhancing compensation from Rs. 80,000 to Rs. 2,06,850 for injuries and related losses sustained by the appellant in a 2006 road accident.
Compensation enhanced to Rs. 2,06,850 with 7.5% per annum interest; Respondent 2 to deposit within one month.
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.
[32081
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE P.SREE SUDHA
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2531 0F 2008
Appeal under section'173 of Motor Vehicles Act against the order and decree in M.V.oP.No.'1286 of 2006 dated 03/03/2008 on the-fite of the court of the V[ Additional Metropolitan sessions judge cum XXI Addl Chief Judge Hyderabad
Between:
P. RAVINDER REDDY, l/o. .Ba.f -R9!dy, age about 27 years, Occ: Emptoyee R/o. 16-3-284/3/4, Anandbagh, Matakp'et,-
...APPELLANT/CLAIMANT
AND
...RESPONDENTS/RESPONDENTS
Counsel for the Appellant: SRl. C VIKRAM CHANDRA
Counsel for the Respondents: SRI A RAMAKRISHNA REDDY
The Court made the following: JUDGMENT
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
M.A.C.M.A.No.2S3 I of 2OO8
JUDGMENT:
This appeal is lilcd irgainst the Judgment dated 03.O3.2008 in O.t).No l2il6 ot. 20O6 passed by the learned VII _ Additional Merropolitan Sessions Judge cum XXI _ Additional Chief Judge, Hydcrabad.
4 P.W.2 starcd that claim:rn I sustained injuries to right leg, diagnosed Graclc I t:ornlrourrri 1-rzrcture both bones tibia and fibula right leg :rncl trca(cci :rnt.sthesia wi[h closed reduction
1
internal hxa[ion with inter locking nail tibia ancl he was discharged on 24.06.2006. Later, he was re-admitted on 18.10.2006 for removal of proximal screw extra action and he was discharged on 2l.10.2006. P.W.2 examined the patient in the presence of Commissioner and assessed the disability at 75o/o to 2Oo/o partial and permanent. According to p.W.2, claimant needs one more surgery for removal of nail and it would cost Rs.30,00O/ - ro Rs.35,OO0/ - and their hospital issued Exs.A3 , A6, A7, A8 and medical biils under Ex.A9 and also issued Exs.A10 to A13.
5- The trial Court disbelieved the evidence of p.W.2 on the ground that still the claimant was working, he has not lost his job and also observed that he can opt for removal of nail in any Government Super Specialty Hospital and considered the discharge receipts hled under Ex.A7, but he has not filed the disability Certificate issued by the competent medical board.
Rs.5,00O/- towards exrra norrrishment. As per r:he injuries sustained by htnt, hc might rror have attended his cluty at least for a period of threc months. Thcrefore, he is entitled for Rs.26,850/- (i.e., 8950/ X 3 - Rs.26,850/-) towards,toss of earnings'. As P.W.2 suggesteci,or removal of nail, he is entitled for Rs.3O,00O/- torvards remor.irl ol nail.
compensation in the [ol]ou in:1 r,.1-p5
| 1 | LrssoIcarnings | Rs.26,850/- |
|---|---|---|
| 2 | Injurics | Rs.30,00O/- |
| 3 | PainandSuffcr-inq | Rs.30,000/- |
| 4 | -t,ossofnmcnrri,', | Rs.30,000/- |
| 5 | Mt'clicalExpcnscs | Rs.45,000/- |
| 6 | Transp<lrtationClrarscs | Rs.10,000/- |
| 7 | Exlranout-rshllr.rI1 | Rs.5.O00/- |
| 8 | Forrcn'rovalol- n:LI | Rs.3O,00O/- |
| TOTAL | Rs.2,O6,85O/- |
4
within a period of one month from the date of recei pt ofa coPY of this Judgment. On such Deposit, the appellan t/ claiman t ls entitled to withdraw the said amount. There shall be no oi.der as to costs. Miscellaneous petitions pending, if any, shall stand closed
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DATED:3010612023
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JUDGMENT
MACMA.No.2531of 2008
ALLOWNG THE MACMA
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IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
FRIDAY, THE THIRTIETH DAY OFJUNE TWO THOUSAND AND TWENryTHREE
PRESENT
THE HONOURABLE SMT JUSTICEP.SREESUDHA
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2531 OF 2008
Between:
P. RAVINDER REDDY, S/o.Bal Reddy, age about2T years, Occ:Employee N o. 1 6-3-28413/A, Anandbagh,Malakpet,
...APPELLANT/CLAIMANT
AND
...RESPONDENTS/RESPONDENTS
Appeal under section 173 of Motor VehiclesAct againstthe order and decree in M.V.OP.NO. 1286 of 2006 dated 03/03/2008on the file of the court of the Vll Additional Metropolitan sessionsjudge cumXXI Addl ChiefJudge Hyderabad
ORDER: This appeal coming on for hearing andupon perusingthe groundsof appeal, the Judgment and Decree of the Lower Court andthe Material papersin the suit and upon hearing the arguments of SRI C.VIKRAM CHANDRA Advocatefor the appellant and of SRI A.RAMA KRISHNA REDDY Advocatefor the Respondent
This court doth order and Decree as follows:
interest at the rate of7.5o/o p.a from the date of filingthe petitiontill date of realization
Sd/.P. CH. NAGABHUSHAMBA ASSISTA}T REGISTRAR seEffiru oFFtcER
//TRUE COPY//
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KKS
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HIGH COURT
DATED:3010612023
DECREE
MACMA.N o.2531 of 2008
ALLOWING THE MACMA
2 issues framed by the court
Whether the compensation awarded for motor accident injuries needs to be enhanced?
Quantum of compensation for injuries, loss of earnings, pain and suffering, and medical expenses.
1 provisions across 1 enactments
P. Ravinder Reddy
M.R. Travels
The New India Assurance Company Limited
P. Sree Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
