The High Court enhanced the compensation awarded in a motor accident case, increasing it from Rs. 1,65,400 to Rs. 1,94,400 with interest by the respondent corporations.
Compensation enhanced to Rs. 1,94,400 with 7.5% interest; respondents ordered to deposit the amount 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.
[3208 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE P.SREE SUDHA
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 3251 OF 2008
Appeal filed Under Section 173 of Motor Vehicles Act against the Order and decree in M.V.O.P.No.559 of 2005 dated 12.03.2007 on the file of the Court of the XVlll Additional Chief Judge-cum-lll Additional Metropolitan Sessions Judge, Hyderabad.
Between:
K. Shankaraiah, S/o. K. Mallaiah, Occ: Business cum Agriculturist, R/o. Plot no.54, Balajinagar, Saidabad, Hyderabad.
..,AppellanUPetitioner
AND
...Respondents/Respondents
Counsel for the Appellant(s):SRl. C VIKRAM CHANDRA
Counsel forthe Respondent Nos.1 & 2: Sri THOOM SRINIVAS(SC FORTSRTC) The Court made the following: JUDGMENT
THE HONOURABLE SMT. JTISTICE P.SREE SUDHA
M.A.C.M.A.No.325 1 of 2OO 8
JUDGMENT:
This Motor Accident Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicle Act, 19gB against the Judgment and Decree dated 12.03.2007 passed in M.V.O.P.No.559 of 2OO5 passed by the tearned XVII Additional Chief Judge-cum-llI Additional Metropolitan Sessions Judge, Hyderabad.
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by the contents of Ex.A7 discharge summary of Department of Orthopaedics, Kamineni Hospital proved through PW2. The petitioner underu,ent treatment in Kamineni Hospital as inpatient for about 1O da_vs. Taking into consideration the nature of the injuries, the petitioner requires bed rest at least for two months.
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| I | PainandSuffering | Rs.3O,O0O/- |
|---|---|---|
| ) | Lossof Amenities | Rs.15,O00/- |
| .) | MedicalExpenses | Rs.5O,O00/- |
| 4 | TransportationCharges | Rs.10,000/- |
| 5 | Extra nourishment | Rs.5,O00/- |
| 6 | LossofearningsduetodisabilitY | Rs.59,400/- |
| 7. | Lossofearningsduringbedrest | Rs.15,O0O/- |
| 8. | Attendantcharges | Rs.1O,oO0/- |
| TOTAL | Rs.1,94,4OOl- |
07 . In the result, theMotor Accident Civil Miscellaneous Appeal ispartly allowedby enhancing the compensation amount from Rs. 1,65,400/- to Rs. 1,94,400/-(Rupees OneLakh NinetyFour Thousand Four Hundred only) with interestat the rate of 7 .Sohper annum from the dateof filing the petition tilldate of rea)ization. RespondentNos. 1and 2lcorporationshall deposit the entire amountwithin aperiod ofone month from the date ofreceipt of acopy of this Judgment. On such deposit,the appellant is entitled to withdraw the saidamount along withinterest accrued thereon.There shall be no order as to costs'
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Miscellaneous petitions pending, if any, shall stand
c lose d.
Sd/-K VENKAIAH ASSISTANT REGISTRAR
//TRUE COPY//
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SECTION OFFICER
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DATED:2110712023
JUDGMENT
MACMA.No.3251of 2008
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENW THREE
PRESENT
THE HONOURABLE SMT JUSTICE P.SREESUDHA
MOTOR ACCIDENT CIVIL MISCELLANEOUSAPPEALNO: 325'l OF 2008
Between:
K. Shankaraiah, S/o. K. Mallaiah, Occ.Business cum Agriculturist, R/o. Plot no. 54, Balajinagar, Saidabad, Hyderabad.
...AppellanUPetitioner
AND
Appeal filed Under Section173of Motor VehiclesAct againstthe-Order-and decree ih M.V.O.P.No.559 of2005 dated '12.03.2007on the file of the Court of the XVlll Additional Chief Judge-cum-lllAdditional Metropolitan SessionsJudge' Hyderabad.
ORDER: This appealcoming on for hearing and upon perusingthe groundsof appeal, the Judgment andDecree of the Lower Court and the material papers in the Case and upon hearing the argumentsof SRI.VIKRAM CHANDRA, Advocate for the Appeltants and of SRl. THOOMSRINIVAS, for the Respondents.
This Court doth Order and Decreeas follows:
Sd/-K VENKAIAH ASSISTANT REGISTRAR
//TRUE COPY//
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SECTION OFFICER
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HIGH COURT
DATED:21 10712023
DECREE
MACMA.No.3251 of 2008
PARTLY ALLOWNG THE MACMA
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2 issues framed by the court
Whether the compensation awarded by the trial court for injuries sustained in a motor accident was adequate and required enhancement.
Whether the appellant is entitled to enhanced compensation for pain and suffering, loss of amenities, medical expenses, and other heads of claim.
1 provisions across 1 enactments
K. Shankaraiah
Andhra Pradesh State Road Transport Corporation
P. Sree Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
