Partly allowed

Ananthati Srinivas , Srinivas Goud v. Syed Ahmed and Anr.

Telangana HC28 Jul 2023MACMA/3159/2009

Case brief

AI extract

What is this about?

In this motor accident appeal, the High Court enhanced the compensation awarded by the Tribunal from Rs.78,000 to Rs.1,48,000 for medical expenses, suffering, future medical needs, and loss of earnings, partly allowing the appeal.

What did the court decide?

Compensation enhanced from Rs.78,000 to Rs.1,48,000 with interest at 7.5% per annum from the date of filing of the original petition.

Ananthati Srinivas , Srinivas Goud Vs Syed Ahmed and… — Motor Accident Claims | Telangana HC (2023)

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[³²¹⁶ ]

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

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

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PRESENT

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THE HONOURABLE SRI JUSTICE M.LAXMAN

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL^{NO: 3159 OF 2009}

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Appeal filed Under Section^'173 of Motor^{Vehicles Act against the Order and} decree in O.P.No.1221 of 2003 dated.23l09l2O03^{on the file of the Court of the} Chairman Motor Accident Claims Tribunal-cum-^{lV Additional District and Sessions} Judge ll (Fast Track Court) at Nalgonda.

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Between:

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Ananthati Srinivas @ Srinivas Goud, S/o.late^{Yadaiah BharatGas Supplier} Rl/o.Panthangi Village, Chowtuppal Mandal, Nalgonda^District.

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...APPELLANTS

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AND

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Syed Ahmed S/o.Fakruddin, Aged Major^{R/o.H.No.2-3-512127160,Amberpet,} Hyderabad. (Owner of the Lorry Bearing^{No.AAT 9090)}

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The New lndia Assurance Company^{Ltd, rep by its Manager,Regional} Office,Sth Floor, Surya Towers, S.P. Road, Secunderabad^{rep its I/anager,(} Policy No. 611702131103102817 valid from^{13-06-2003to 12-06-2004).}

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...RESPONDENTS

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Counsel for the Appellant : SRl. K SRINIVAS

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Counsel for the Respondents: SRI.T^RAMULU

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The Court detivered the following: JUDGMENT

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THE HONOURABLE SRI JUSTICE M.LAXMAN

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M.A.C.M.A.No.3 159 of 2OO9

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JI,IDGMENT:

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I . Aggrieved by the order and decree dated 20.01.2O06ⁱⁿ O.P.No,1221 of 2003 passed by the Motor Accidenl Claims Tribunal (lV Additional District Jtrdge, II F.T.C.) at Nalgonda, the claimant has filed the present appcal.

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It. is the case of the claimant that a claim petition was^l-rlcd b-v him seeking compensation Rs.1,50,000/- for the^injuries sustaincd by him in a motor vchiclc accident. lt is stated^{thal. on} 23.O9.2OO3, u,hile thc claimant was traveling in auto^{bearing No.} AP 29'l'79O by loading gas cylindcrs in the trolley^{of auto, one lorry} camc from back side, drivcn by its driver in a rash and^negligent manncr at high specd dashed the auto. As a resull oi^which,the claimant sustaine d gri<:vous inj uries. Duc to the injuries,^the claimant underwent rrajor opcration to his lcft leg foot^{and an} artilicial screw was fixcd to his leg and he^tool( treatmcnt^{in NINIIS} Hospital as in-patierrt for more than one month. After considering the evidence on record, the Tribunal has grantcd compensation^of Rs.78,000/- together with interest at Bo/o per annum from the datc^of petition till thc clatc ol realization.^'lhe present appeal is hlecl by the claimant being clissatisficd^q,ith the quantum of compensation.

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3 Heard both sidcs

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i[,..^j tull,CNlA 315! l0(^t)

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.1. Thc rttain gricv:lnce ':l Lhr: cie.irnariL li;^{LtLIatl[-i.eclaimanth.,l:;} sr-rstained muliiple irr_jr-rries and itre rc is a fracli'lrc of rncclial rrrallcoltrs and he also susiaincd laccration over lel't^clrrtsum atrd^{loot cr-r-:str,} laccrat-ion ol right^onrl 6n6i 3'l toc, zrbrasiotr ovct^{tbrearnrattcl} abrasions ovel righl^pariet.al t'egi<;n. lt is furthcr cotrtcuded that^tire compensatiorr ar,vardccl is meagr:r anci lhe fuiurc^{loss of earningson} acccunI o[ the disability has-r noI been^{,:ousidcrcr,l} b]'^{thc Tribunal.}

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Learned counsel lbr thc insurancc compzLny/ respondetr t No.2 contended that thcre is no cvicicnce otr rc:t:ord to shou, ttral the grievous injuries has im.p:r.cted his profession so as to claim cornperrsaLtion on accounL of disability zrttci thcre is tro^ntcdtcal evidence to show tl-re disabilitv

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'i'hc principles for graurL of compcns;r-ttion w.:re specih,:al11' Iairl dowtr bv the Apcx Court in the casc ol Raj Kunrar vs.^Ajay Kumar and anotherl in paragraph Nos.7 to 12. In the^{present case,} the compensation of Rs.20,OOO/ - was ll"varded fbr^medical expenditure, attendance, trarrsportation atrci extra nourishment. Irrrmediately after the accident, the clziirnant^{rvas sltifted} to^Kamineni Hospital, Hyderabad and frorn therc^{he was sl:ified to} NIMS Hospital, H_yderabad and he took lr:eatmenl:ⁱⁿ the^fro:;pital for eleven^dzrys. When the claimant has takcrl^treatment in Kamineni Hospital arrd NIMS Hospital, Hyderabad,-4ot'a^period o-f I 1 days, the expenditure

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'^{2011 (1)scc343}

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M1.,., MAC l!.1A 3159 2009

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) t

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))

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must have been not less than Rs.20,0OO/- to Rs.3O,0O0/- and she must have incurred additionat expenditure for transportation from shilting one hospi[al to another hospitat. Apart from that, the claimant must have incurred expenditure [or extra nourishment while taking trea[ment in private hospital. Therefore, this Court is inclined to enhance compensation under the heads of medical cxpenses, attendanI charges, extra nourishment and transportation from Rs.2O,00O/-, which was granted by the Tribunal to Rs.50,000/-.

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The Tribunal has awarded an amount of Rs.48,000/- under the head pain and suffe ring. Keeping in view, the nature of injuries sustained by the claimant, this Court is inclined to confirm the same. Furthcr, the Tribunal has granted an amount of Rs.5,000/- towards [uturc mcdical expenses and the said amount is meager. Hence, this Court is inclined to enhance amount of Rs.5,0OO/- under this head to Rs.25,O00/-. The Tribunal granred an amount of Rs.5,00O/- under the head loss of earnings and .loss oI expectation of life. Considering the multiple injuries sustained by the claimant, this Court is inclined to enhance the compensation from Rs.5,O00/- to Rs.2S,00O/- under the head loss of earnings and loss of expectation of life. After calculating enhanced amounts r.rnder all the heads, the total quantum of compensation comes to Rs.1,48,000/-.

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[n the result, the Motor Accident Civil Miscetlaneous Appeal is partly allowcd by e nhancing the compensation amount awarded by

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i1l-''i MACIqA^{.l t 5!t} -I)rxJ

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tl-re Tribunzrl^{frorn Rs,78,OO()i. tot?s' 1,48,000/-' The (]trllanced} i,ilrrourlt^{sbarlI carr!' intr--rcst at 7 '5 Vo per annurll from the date of iiling} olthe O.P. till the^{Catcof reaiiz:atior-r'Respoi.:clt'rlt lriusl ;ttld 2 art:} dircctecl^{tr; depcsitthe errhanceciamc'untto l tl(l crcdil of O ['alongl} v,,ith accrue<i illL€:rest^{rvithirl a pe riocl of tu'o rrlottthsfrtltrt thc <iatc tli'} rcceipt of a^{copy of t.his orcier' On sr'rchCt:lrosit' the claimantis} pt:;'nrittecl^{to lt'ithclrau'tht: t:ni'ite anloi-lnt illLl^rr: Prolloitions' as fi><ed} by tl-re Tribr-rnal.^{Thcre strerll bc no ctrclet asLL) (-'osts'}

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Miscr:llancout;^petitior-rs l..rcrrding,^{if zrrll'' sl'rall standclosed}

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SD/. MOHD. SANAULLAH ANSARI, ASSISTANT REGISTRAR.

//TRUE COPY//

sEcTro FFICER

To,

The chairman Motor^{Accident claims Tribunal-cum- lv AdditionalDistrictand} Sessions Judge ll^{(Fast Track Court) at Nalgonda.(With records, if any)}

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One CC to SRl. K SRINIVAS,^Advocate [OPUC]

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One CC to SRl. T^{RAMULU, Advocate} IOPUC]

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Two CD Copies

ADK

HIGH COURT

DATED:2810712023

JUDGMENT

MACMA.No.3159 of 2009

¶54

1 e STATE o
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_br
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+
I D E1I r:.1('

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PARTLY ALLOWING THE MACMA

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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

¶58

PRESENT

¶59

THE HONOURABLE SRI JUSTICE M.LAXMAN

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3159 OF 2009

¶61

Between:

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Ananthati Srinivas @ Srinivas Goud, S/o.late Yadaiah Bharat Gas Supplier R/o.Panthangi Village, ChoMuppal Mandal, Nalgonda Diskict.

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...APPELLANTS

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AND

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1 Syed Ahmed S/o. Fakruddin, Aged Major^{R/o. H. No.2-3-512127160,Amberpet,} Hyderabad. (Owner of the Lorry Bearing No.AAT 9090)

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2 The New lndia Assurance Company Ltd, rep by^{its Manager,Regional} Office,5th Floor, Surya Towers, S.P. Road, Secunderabad^{rep its Manager,(} Policy No. 611702131103102817 valid from 13-06-2003^{to 12-06-2004).}

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...RESPONDENTS

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Appeal filed Under Section 173 of Motor Vehicles^{Act against the Order and} decree in O.P.No.122't of 2003 dated.23lO9l2003^{on the file of the Court of the} Chairman Motor Accident Claims Tribunal-cum-^{lV Additional District and Sessions} Judge ll (Fast Track Court) at Nalgonda.

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ORDER: This appeal coming on for hearing and^{upon perusingthe groundsof} appeal, the Judgment and Decree of the Lower Court^{and the material papersin the} Case and upon hearing the arguments^{of SRl. K SRINIVAS, Advocate for the} Appellant and of SRl. T RAMULU, Advocate^{for the Respondents.}

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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 partly} allowed;

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That the amount of Compensation from Rs.78,0001^{to Rs.1,48,000/-be and} hereby is enhanced;

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That the enhanced amount shall carry interest^{at7 .5o/oper annum from the} date of filing of the O.P. till the date of^realization;

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That the respondent No.1 & 2 are directed to deposit the enhanced amount to the credit of O.P. along with accrued interest within a period of two months from the date of receipt of a copy of this Order.

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That on such deposit, the Claimant is permitted to withdraw the entire amount in the proportions, as fixed by the Tribunal;

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That save as aforesaid, the decree of 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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SD/. MOHD. SANAULLAH ANSARI, ASSISTANT REGISTRAR.

//TRUE GOPY//

SECTION OF ICER

To,

The Chairman Motor Accident Claims Tribunal-cum- lV Additional District and Sessions Judge ll (Fast Track Court) at Nalgonda.(With records, if any)

¶83

fwo CD Copies

ADK

2 DRAFTS

HIGH COURT

DATED:2810712023

JUDGMENT+DEGREE

MACMA.No.3159^{of 2009}

¶90

PARTLY ALLOWING^{THE MACMA}

Ananthati Srinivas , Srinivas Goud v. Syed Ahmed and Anr.

Case brief

What is this about?

What did the court decide?

Ananthati Srinivas , Srinivas Goud v. Syed Ahmed and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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