Allowed

V.Mangamma v. M/S.v.N.S.Transport and Anr.

Telangana HC14 Jul 2023MACMA/2870/2008

Case brief

AI extract

What is this about?

This High Court allowed an appeal against the Motor Accident Claims Tribunal's award. The Court enhanced the appellant's compensation from Rs. 17,708 to Rs. 50,000, including specific heads for injury, pain and suffering, and amenities, while maintaining the interest rate.

What did the court decide?

Compensation enhanced from Rs. 17,708 to Rs. 50,000 with interest at 7.5% per annum from the date of filing the petition till realization.

V.Mangamma Vs M/S.v.N.S.Transport and Anr. — Motor Accident Claims | Telangana HC (2023)

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t³²⁰⁸ I

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HIGH COURT FOR^TTIE STATE OF^TELANGANA AT HYDERABAD

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FRIDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE P.SREE SUDHA

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M.AC.M.A.NO: 2870 OF 2008

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Appeal Under Section 173 of Motor Vehicles Act against the order and decree in OP.NO.668 of 2005, dated 23-01-2007 on the file of the Court of the Chairman, Motor Accident Claims Tribunal Principal District Judge at Nalgonda.

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Between:

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V.Mangamma, Wo.Ramulu Labour R./o.Panagal Village, Nalgonda lt/andal and District.

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.....APPELLANT/PETITION ER

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A$D

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1 M/s.V.N.S.Transport, rep by its Proprietor K.Srinivasa Naldu, aged 53 years, Occ : Business, Ryo.Plot No.46, Block No.9, Autonagar, Vijayawgda.

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2 The Oriental lnsurance Company Limited, rep by its Divisional Manager O/o.Divisional Office-|, Op.New Bus Stand Main Road, Suryapet, Nalgonda District.

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['lstrespondent^{is not necessary partyto this MACMA]}

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,....RESPONDENTS

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Counsel for the Appellant : Sri.B.Paramesewara Rao

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Counsel for the Respondent No.2 : Sri.Chatla Madhu

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The Court made the following Judgment : -

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THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

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M.A.C.M.A.No.2870 of 2OO8

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JUDGMENT:

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This appeal is filed against the award ancl decree dated 23.O1.2OO7 in O.P.No.668 of 2005 passed bt, the learned Chairman, Motor Accidents Claims Tribunal (Principal District Judge), Nalgonda (for short 'the Tribunal').

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Heard the arguments ol learned counsel appearing for the appellant and the Iearned Standing Counsel appearing flor respondent No.2-lnsurance Company. Perused the material available on record.

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The claim of the appellant is only for enhancernent of the compensation, this Court is not going into the other details.

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The appe 1lant filed a claim-petition before the Tribunal, claiming compensation of Rs.4O,0OO/- for the injuries sustained by him in an accident that occurred on O 1.07.12005 and the Tribunal hzrs grante<l Rs.17,708/- with interest at 7.5%o per annum from clate of petition till the date of realization. The

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rr,l

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particulars of tJle compensation granted by the Tribunal are as

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follows:

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1	Onefractureinjury	Rs.15,000/-
2	Pain andSuffering	Rs.2,0O0/
3	MedicalExpenses	Rs.708l-
	TOTAL	Rs.17,7O8l-

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Aggrieved by the said award the appellant^preferred this appeal.

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As seen from the record, Ex.A-3, the copy of the^wound certihcate issued by the Deputy Civil Surgeon, Community Health Centre, Nakrekal, discloses that^{he sustained fracture of} pelvis, which is grievous in nature.

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Considering the nature of injuries sustained by^{him, this} Court frnds that the Tribunal had rightly awarded^reasonable amount of Rs. 15,0O0/- for the injury sustained^{by the appellant} and further, this Court is inclined to award an^amount Rs.1O,OO0/- for pain and suffering and^Rs. 1O,00O/ -towards^loss of amenities. Apart from that, appellant is also^entitled Rs.S,OOO/- towards transportation, Rs.S,OOO/- towards^extra nourishment and Rs.S,OOO/- towards medical^{expenses. Thus,} in all, the appellant is entitled for the compensation in^the following heads:

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1	Onefractureofinjury	Rs.15,000/-
2	PainandSuffering	Rs.10,000/-
a	MedicalExpenses	Rs.,5,000/-
4	TransportationCharges	Rs.,5,00O/-
5	Loss ofamenities	Rs.10,000/-
6	Extranourishment	Rs.5,000/-
	TOTAL	Rs.5O,OOO/-

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In the result, the appeal is allowed by enhancing the compensation amount from Rs.17,7O8/- to Rs.5O,{)OO/- (Rupees lrft5z thousand only) with interest at the rate of 7.5o/o per annum from the date of filing the petition tili date of realization. hespondent Nos.1 and 2 are jointly and severally 1iab1e to pay the compensation amount. Respondent No.2/Insuiance Cornpany shall deposit the entire amount along with the accrr.red amount within a period of one month from the date of receipt of a copy of this Judgment. On such Deposit, the appellant is entitled to withdraw the said amount. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, sha1l stand closed

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Sd/.MOHD. ISMAIL ASSISTANT REGISTRAR //TRUE COPY// Qg SECTION OFFICER

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1 Ih"?H':ma' Motor Accident claims Tribunat princioat District Judge ar 2 a y:tilx?c0,5";55",,o".' 4 ii:3"",,.di#?,5il:ffi $'-

I !

HIGH COURT

DATED:1410712023

JUDGMENT

MACMA.N o.2870 of 2008

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ALLOWING THE MACMA

WITHOUT COS'IS.

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[³²⁰⁸ ]

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE FOURTEENTH^{DAY OF} JULY TWO THOUSAND AND TWENTY THREE

¶55

PRESENT

¶56

THE HONOURABLE SMT JUSTICE P.SREE SUDHA

¶57

M.AC.M.A.NO: 2870 OF 2008

¶58

Between:

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V.Mangamma, Wio.Ramulu Labour R/o.Panagal Village,^{Nalgonda Mandaland} District.

¶60

.....APPELLANT/PETITION ER

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AND

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M/s.V.N.S.Transport, rep by its Proprietor K.Srinivasa^{Naidu, aged53}

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) years, Occ : Business, Rl/o.Plot No.46, Block No.g, Autonagar, Vijayawada.

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The Oriental lnsurance Company Limited, rep by its Divisional^Manager O/o.Divisional Office-|, Op.New Bus Stand^{Main Road, Suryapet,} Nalgonda District.

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[1't^{respondent is not necessary partyto thisMACMA]}

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.....RESPONDENTS

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Appeal Under Section 173 of Motor Vehicles Act against the order and decree in OP.NO.668 of 2005, dated 23-01-2007 on the file of the Court of the Chairman; Motor Accident Claims Tribunal Principal District Judge at Nalgonda-

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This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Cou( and the material^papers in the case and upon hearing the arguments of Sri.B.Paramesewara Rao, Advocate for the Appellant and of Sri.Chatla Madhu, Advocate for the Respondent No.2.

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This Court doth Order and Decree as follows : -

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That the Motor Accident Civil Miscellaneous Appeal be and hereby is allowed by enhancing the compensation amount from Rs.17,708 to Rs.50,000/- (Rupees fifty thousand only) with in

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terms at the rate of 7 Soh per annum from the date of filing the petition till date of realization.

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2 Thal the respondent Nos.1 and 2 are joinily and severaily riabre to pay the compensation amount.

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That the Respondent No.2 / lnsurance company shall deposit the entire amount along with the accursed amount within a period of one month from the date of receipt of a copy of this judgment on such deposit, the appellant is entifled to withdrawn the said amount,.

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

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Sd/.MOHD. ISMAIL ASSISTANT REGISTRAR //TRUE COPY// /''\ L]D

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SECTION OFFICER

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1.The Chairman, Motor Accident Claims Tribunal principal District Judge at Nalgonda_

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2.Two CD Copies

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SA \ Y

HIGH COURT

DATED:1410712023

DECR.EE

Mncun.ru o.2l7o of 2oog

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ALLOWING THE MACMA

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WITHOUT COSTS.

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g? "s.)
<br>/,

V.Mangamma v. M/S.v.N.S.Transport and Anr.

Case brief

What is this about?

What did the court decide?

V.Mangamma v. M/S.v.N.S.Transport and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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