Partly allowed

Md. Iqbal Hussain , I Hussain , Md. Hussain, Adilabad v. Singareni Colleries Company Ltd., and Anr, Bellampally

Telangana HC17 Aug 2023MACMA/2572/2011

Case brief

AI extract

What is this about?

The High Court enhanced the compensation awarded to a bus driver injured in a motor vehicle accident. While upholding most awarded amounts, the Court specifically granted additional compensation for two major fracture injuries to the petitioner's legs, increasing the total award.

What did the court decide?

Compensation enhanced from Rs. 74,000 to Rs. 1,19,000 payable with interest at 7.5% per annum.

Md. Iqbal Hussain , I Hussain , Md. Hussain… — Motor Accident Claims | Telangana HC (2023)

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[³³⁰⁴ ]

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IN THE HIGH COURT FOR^{THE STATE OF TELANGANA} AT HYDERABAD

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THURSDAY, THE SEVENTEENTH^{DAY OF AUGUST} TWO THOUSAND AND TWENTY^THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE^{NAMAVARAPURAJESHWAR RAO}

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MOTOR ACCIDENT CIVIL MISCEL^{LANEOUSAPPEAL NO:2572OF 2011}

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Appeal filed Under Section¹⁷³ of^{Motor VehiclesAct against the O-rder} 3-n! decree in'o.P. N o.474 012003 dated^{16.03.2007 0n the file of the court of the Motor} Accident Claims Tribunal-cum- lll Additional^{District Judge, Asifabad'}

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Between:

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Md. lqbal hussain,@ I Hussain, @^{MD. Hussain, S/o Ahmed Hussain Occ: Driverin} APSRTC Asifabad Depot R/o Hazarwadi,^{Asifabad, Adilabad}

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...APPellant

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AND

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Singareni Colleries Company Ltd.,^{Bellampally, Rep by its ChiefGeneral} Manager Owner of Omni Bus bearing^{No.AP-1-T-8582 CISFBus}

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The United lndia lnsurance^{co.Ltd, Repby its Divisionalmanager Divisional} Office, M.G. Road Kothagudem,^{Khammam District.}

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...Respondents

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Counsel for the Appellant : Sri KONDADI AJAY KUMAR

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Counsel for the Respondent No.2^{: Sri SRINIVAS RAO (STANDING COUNSEL}

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FOR U.l.l.c)

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The Court delivered the following: JUDGMENT

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THE HON'BLE SRI JUSTICE IAMAVIIRAPU RAJESHUIAR RAO

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M.A.C.M.A.No.2572 OF 2OLL

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JUDGMENT:

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This appeal is Iiled by the appellant/ petitioner under Section 173 of the Motor Vehicles Act, aggrieved by the order and decree, dated 16.03.2007 passed in O.P.No.474 of 2OO3 on the hle ol the Motor Accident Claims Tribunal-Cum-lll Additional District Judge, Asifabad, (for short "the Tribunal").

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For the sake of convenience, the parties will be hercinafter referred to as they are arrayed before the Tribunal.

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Brief facts of the case are that on 2O.O8.20OO, the petitioner was on duty as a driver for the bus bearing No.AP-10-Z-1823 and the bus was going from Asifabad to Sircilla and when it reached near Kundanpally Cross road at lO:30 a.m., an Omni bus (CISF Bus) bearing registration No.AP- I -T-8582 belonging to the hrst respondent and insured with the second respondent, came in opposite direction at high speed and dashed against the bus being driven by the petitioner. As a result, the petitioner suffered grievous injuries. Hence, the claim petition.

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Respondent Nos. I and 2 filed a separate counter denying all the allegations made in the petition.

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, /

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RRN.J MACMA^{No.257l ol l0l I}

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To prove^{his case'the petitionergot examinedhimself as PWl} and^{marked Exs'A1 to A15' On behalf of the respondcnts' neither oral} nor documentary^{evidence was adduced'}

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On appreciation^{ofthe evidence on record' the Tribunal} awarded^{a compensation of Rs'74'OOO/ - to the petitioner undervarious} heads.^{AggrievedLry the quantum of compensation' the presentappeal} is filed^{bY the} Petitioner'

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Heard^{both sides'Perusedthe record'}

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Learned^{Counsel appearingfor the petitioner had contended} that the^{Tribunal erred in awardingRs'10'OOO/-underthe head of pain} and suffering^{and also erred in not awardingany amountunder the} injuries^{sustained by the petitioner and the Tribunal also erred in} awarding^{Rs'2,OOO/-under the head of extra nourishment though the} petitioner^{has takentreatment for a considerable period'}

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g. Learned^{Standing Counsel appearingfor theInsurance} Company^{wouldsubmit that as there is no evidence with regardto the} injuries^{sustainedby the petitioner and there is no evidence with regard} to the^{incomeof the petitioner' the Tribunalhas rightly granted} awarded^amount'

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A perusal^{of the award passed by the Tribunal would show that} the^{petitioner has sustained fractureto his both legs and he was}

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R R N..' MACMA No.l572 ol-2011

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admitted in Singare ni Collieries Company^{Area Hospital on 2O.08.2000} and he received treatment as inpatient in that hospital up^to 08.09.2OOO. Considering^{Ex.A2-medical} certihcate,^{the Tribunaihas} believed that the^petitioner has sustained two major^fractures to^his both legs however, the Tribunal has not granted any amount to that effect. Therefore, this Court is inclined to award a sum of Rs.20,0O0/each for the t'a.o fractures sustained by the petitioner. In^view of the treatment taken by the^petitioner, this Court is^granting attendance charges Rs.S,OOO/-. As seen from the impugned order, the Tribunal has rightly awarded a sum of Rs.45,OO0/- towards loss of earnings during the course of treatment; Rs. l,OOO/- towards transport charges; Rs. 1 1,OOO/- towards medical expenses, Rs.2,OOO/- towards extra nourishment and Rs.5,000/- towards incidental charges, warrant no interference by this Court. In the facts and circumstances of the case, this Court feels that appellant is entitled the following amount under

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various heads.

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sl. No.	NameofHead	Awarded Tribunal Rs. Ps. by	Awarded this Court Rs. by Ps.
I	I-ossofearnings duringthe periodof treatment	45,OO0.00	45,000.oo
2	Transportexpenses	l,OOO.OO	1,000.00
3	Medical expenses	11,oo0.00	11,O00.00
4	Extra nourishment	2,O00.oo	2,000.00
5	Incidentalcharges	5,OOO.OO	s,000.00

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RR]\ J i.,lACM No l57l^(!tli)lI

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6	Painandsuffering	10,000.00	10,000.o0
7	For two fracture injuries		40,000.o0
8	AttendanceCharges		5,000.00
	Total	74,OO0.00	1,19,000.00

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Accordingty, the M.A.C.M.A.^{is allowedin partby enhancingthe} compensation awarded by the Tribunal^{fromRs.74,OOO/-to} Rs.1,19,OOO/- (Rupees One Lakh and^{NineteenThousand Only)with} interdst at,i.5o/o p.a. from the date^{of petitiontill the date of realization.} The respondents shall deposit the said^{compensationamounttogether} with interest at 7.5o/o per annum from the^{date of petition tillthe} realisation and after giving due credit to^{the amountalreadydeposited,} if any, within a period of two months from the^{date of receipt of a copy} of this^judgment. On such deposit, the^{petitioner ispermittedto} withdraw entire compensation amount^{without furnishingany security.} There shall be no order as to costs.

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As a sequel of which, miscellaneous^{petitions, if any,pending} shall stand closed.

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/TTRUE^COPY/'

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SECTION^OFFICER

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., -t claims Tribunal-cum- lll^{Additional DistrictJudge'}

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To, ., -t claims Tribunal-cum- lll

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1. The^{Motor Acciden'} Asifabad. roPUc]

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2 6;;;;i. ",, reltpffJ$,ll$Li3!",iate g On" CC to^SriSRINI 4. Two^{CD CoPies}

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SP \ ->-

HIGH COURT

DATED:1710812023

JUDGMENT

MACMA.N o.2572 ot 2011

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PARTLY ALLOWING THE MACMA

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3

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IN THE HIGH COURT^{FOR THE STATE OF TELANGANA} AT HYDERABAD

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THURSDAY. THE SEVENTEENTH^{DAY OF AUGUST} TWO THOUSAND AND^{TWENTY THREE}

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PRESENT

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THE HONOURABLE^{SRIJUSTICE NAMAVARAPURAJESHWAR RAO} MOTOR ACCIDENT CIVIL^{MISCELLANEOUSAPPEA LNO:2572OF 2011}

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Between:

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Md. lqbal hussain,@ I Hussain, @^{MD. Hussain, s/o Ahmed Hussainocc: Driverin} APSRTC Asifabad Depot^{R/o Hazawadi, Asifabad' Adilabad}

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...APPellant

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AND

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Singareni Colleries Company^{Ltd.'Bellampally,Rep by its ChiefGeneral} Manager Owner of Omni^{Bus bearing No.AP-1-T-8582 CISFBus}

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The United lndia^{lnsuranceco.Ltd, Repby its Divisionalmanager Divisional} Office, M.G. Road Kothagudem,^{Khammam District.}

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...ResPondents

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AppealfiledUnderSectionlT3ofMotorVehiclesAct-againstthe.order.and decree in'o.P.N o.474 012003^{dated 16.03.20070n the file of the court of the Motor} Accident Claims Tribunal-cum-^{lll Additional District Judge, Asifabad'}

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ORDER: This appeal coming^{on for hearingand upon perusingthe grounds..of} appeal, the Judgment and^{Deiree of the Lower Court and the material papers in the} iase and upon- hearing the^{arguments of Sri K AJAY KUMAR, Advocatefor the} Appellant and of sRl.sRlNlvAS^{RAO, Standingcounsel for the RespondentNo.2} and NONE APPEARED^{for the Respondent No 1.}

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This Court doth Order and^{Decree as follow:}

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That the Motor Accident^{civilMiscellaneousAppealbe and hereby is Allowed} in Part;

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That the amount of^{compensation from Rs 74,000/-to Rs1,19,00O1 (Rupees} One Lakh and Nineteen^{Thousand Only)with interest at 7 5o/oper annum from} the date of^petition till^{the dateof realization;}

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That the respondents^{shaltdeposit the said compensation amount together} with inter€st al 7.50/o^{per annumfrom the date of petitiontill the dateof}

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realization and after^giving due credit^{to the amount already deposited,if any,} within a period of two months from the^{date of receipt of a copy of this} Judgment;

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That on such deposat, the^{petitioner is permitted to withdrawentire} compensation amount without^{furnishingany security;}

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That save as aforesaid, the^{decreeof the Lower court shall 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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SO/. MOHD SANAULLAH^ANSARI ASSISTANT REGISTRAR

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,/TRUE COPY//

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SECTION OFFICER

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To, 1. The Motor Accident Claims^{Tribunal-cum- lll Additional DistrictJudge,} Asifabad.

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Two CD Copies

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SP <sup>,k-

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HIGH COURT

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DATED:^{1 7 lOBl2023}

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DECREE

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MACMA.N o.2572^{of 2011}

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PARTLY ALLOWING^{THE MACMA}

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Md. Iqbal Hussain , I Hussain , Md. Hussain, Adilabad v. Singareni Colleries Company Ltd., and Anr, Bellampally

Case brief

What is this about?

What did the court decide?

Md. Iqbal Hussain , I Hussain , Md. Hussain, Adilabad v. Singareni Colleries Company Ltd., and Anr, Bellampally

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

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