Allowed Motor Accident Civil Miscellaneous Appeal. Held that compensation awarded by the Tribunal for grievous injury and loss of toe was inadequate. Enhanced compensation to Rs. 2,42,176/- with interest.
Compensation enhanced to Rs. 2,42,176/-; decision varied; insurance company to deposit amount within eight weeks.
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.
[3230 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY, THE FIRST DAY OF MARCH TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2660 OF 2008
Appeal Under Section 173 of Motor Vehicles Act against the order and Decree in M.V.O.P No. 1806 of 2004 dated 6/10/2006 on the file of the Court of the Chairman Motor Accident Claims Tribunal -Cum- lll Additional Chief Judge, City Civil Court, Hyderabad.
Between:
Singari Ramesh, S/o Ramulu, Aged about 29 yearc, Occ: Pvt. Employee R/o 16-1 0-141/142 llnd floor, Kirshna Yadav Apartments, Race Course Road, Malakpet, Hyderabad.
...APPELLANT/ CLAIMANT
AND
(Respondent no.1 herein is not necessary party in this appeal)
...RESPONDENTS/RESPONDENTS
Counsel for the Appellant: SRl. ANANTHA CHARY KURELLA
Gounsel for th.e Respondent NO. 2: SMT.P. SAYAMANJULA
The Court Delivered the following: JUDGMENT
I{ON'I: LIi SM'I".IUS'TTCE LAI,TTTIA KA\N EG,\N'TI
M.A.C.N{.A. No.2660 of 2()0:t
JUDGMEN'I':
1'his riol :z I is prel-elrccl by the clairniinti appi:llantaggrieved by thejrrdgrr.rcn atld decrec dated06.1().2006 passcd bythe III Additi,.rnll l'rief Judge, City Civil Courlirt F{yleLabad(1br short, 'the'fribtrnal' rn O.l).No.1806 of 2()04, u'herebl' tl:e'fribunal has granled ouly lt r anloultt of Rs.l ,22,1761- for theIl uricssustained by him in a motor rccident against theclairncd anrorrnl ol I{s.2,00.000/-
J
2
3
reasonable c()rr lonsatio n.
respou(lent/l nsr r.rnce C)ompany, submits that basir-rq on thc cvidence of PWs.l arrcl 2. t e Tribunal has grar.rted an amount cl'Rs.1,22.17(t/- ltts subnritted thirt rc disability certificate was mrrked ['efrrre tlre Tribunal and the'I'ribun I has rightly not considered the sarnt. le submits that nogrounds ar-c n lde otrt seekir-rg enhancernenl ol'thr: cornpcnsation.
4
nothing was suggested to pW.2 to disbelieve his evidence.
10' The ki,d of crush injury sustained by the crairnart and treatment that he has undergone, this court is of the view that for the said grievous injury he is entitled for an arnou,t of Rs.g0,000/-. For the loss of right 5'r'toe, though no disability certificate is r.narked, he is entitled for a lump sum amount of Rs.50,000/_ The Tribunal has already granted an amount of Rs.2g,l76l- towards rnedical biils, which this court is not inclined to interfere. Then coming to trre amount that was granted towards loss of earnings, trre Tribu,al rras granted an amount of. Rs.4,000/-, for which this Court is inclined ro grant an amount of Rs'9,000/- for two rnonths. Under trre r.reads of pain and suff-ering, extra 'ourislrrnent'trallsport ancr attcrcrantchar-qcs,trrc a,r.ur.rts trrar_ wer.c granted by the Tribunal were not reasonable. Hence, the craimant is entitled to an amount of Rs.20,000/_ towards pain and suffering, Rs'10,000/- towards extra nourishment, Rs.r0,000/- towards transport and Rs.10,000/- towards attendant charges.
1 l. Leamed counsel for the appellant/claimant has relied on the judgment passed by the Hon'ble Apex court in v.Mekara v
5
I \
( t
M.Ntlalathi a Ld anotherl, wherein the z\pex (lorLrt, taking into consideraliorr I rr date ol the accident and till the rr1-rtei I reached to the Apex(ioLrr-t, ras awardecl a sum of Rs.25.(X)()r, t,)wards cost ol litigation. IIrlr e an amount of I{s.10,000/- is awari.ccl torvards cost of li ti sation
follorving lrcirtl :
| ParticuIars | Arnr rr |
runtawarded ,1hisCourl |
|
|---|---|---|---|
| Grievousin-jur | R: | rt0,000/- | |
| Forlosso1'r':g ,s"',o" |
Rr | :i0,000/- | |
| LossoI'eirrnin ,sfortwomonths |
lls | 9,000/- | |
| NIctl:cirll'ill., | I.l.: | -rs,L76- | |
| Futltte opcrirtir n |
Rs | s,000/- | |
| Towarclstre lrtr rent |
Rs | 0,000/- | |
| Painanrlsul'fe, in8 |
Rs | 110,000/- | |
| Attendantclrar !es |
R-s | r0,000/- | |
| Extranourishrr ent |
R.s | r0,000/- | |
| Litigationchar' les |
Rs | r0,000/- | |
| Total | lls. | ., 4.2,1761- |
| 2014 (5) ALD 42 [S(
6
I I I] t-_I I | I\TO, I \ tl ' ll ll I | I I I
only) as hereunder:
fr4iscellaneous applications, pending if any, shall stand closed.
sD/-MoHD. SANULLAH ANSARI t ASSSITANT REGISTRAR I ''RUEcoPY// s=c#ru oFFrcERI
I
HIGH COU!I'r'
DATED:011 13i12023
JUDGMEN'I
---'a-:-::::::
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,.,J
1 ! ,lL l,l ?$IJ
-.:' .i;
MACMA.No 2660 of 2008
ALLOWING THE M.A.C.M.A
WITHOUT C OSTS.
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[3230 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD
WEDNESDAY, THE FIRST DAY OF MARCH TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2660 OF 2008
Between:
Singari Ramesh, S/o Ramulu, Aged about 29 years, Occ: Pvt. Employee No 16-10-1411142 llnd floor, Kirshna Yadav Apartments, Race Course Road, Malakpet, Hyderabad.
...APPELLANT/ CLAIMANT
AND
(Respondent no.'l herein is not necessary party in this appeal)
...RESPONDENTS/RESPONDENTS
Appeal Under Section'173 of Motor Vehicles Act against the order and Decree in M.V.O.P No. 1806 of 2004 dated 61101200O on the file of the Court of the Chairman Motor Accident Claims Tribunal -Cum- lll Additional Chief Judge, City Civil Court, Hyderabad.
This appeal coming on for hearing and upon perusing the grounds of appeal,, the Judgment and Decree of the Lower Court and the material papers in the case and upon hearing the arguments of Sri. KURELLA ANANTHA CHARY, Advocate for the Appellant and of Smt. P. SATYA MANJULA, Advocate for the Respondent.
This Court loth Order and Decree as follows
SD/.MOHD. S AI{UI.LAH ANSARI ASSStT,\bn REG|STRAR //TRUE COPY// I.lL> SE CT'ON OFFICER
HIGH COU IT
DATED:01 t):112023
DECREE
MACMA.N r.2660 of 2008
ALLOWINi i THE M.A.C.M.A
WITHOUT COSTS.
t -)
;-
e
)\r1
3 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal is adequate considering the grievous injury and loss of a toe.
Whether the trial court erred in not enhancing the compensation granted by the Tribunal.
What amount of compensation and litigation costs should be awarded on appeal.
Colour shows how this judgement treated each authority
v. Mekara v. M.Nalathi & AnotherReferred¶40
1 provisions across 1 enactments
Singari Ramesh
C.R. Laxminarayana
The New India Assurance Company Limited
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
