Appeal filed against the Motor Accident Claims Tribunal's order of confiscatbly awarding Rs.24,000 compensation for injuries from a road traffic accident.
Enhanced compensation from Rs.24,000 to Rs.49,000 along with 7.5% p.a. interest directed to be deposited by respondents within two months.
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.
IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
SATURDAY, THE TWENTYTHIRDDAY OF SEPTEMBER TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HONOURABLE SRI JUSTICENAMAVARAPURAJESHWARRAO
MOTOR AC IDENT CIVIL MISCEL I{EOUS APPEAL No: 36 39()F 2011
Appeal filed under Section 173 of M.V.Act aggrievedby the orderand decree, dated 15.07.2011passed in O.P.No.323of 2009 on the file of the Chairman,MACT - cum-XI Addl Chief Judge, City CivilCourt,Hyderabad.
Between:
R.VENKATAIAH, S/o.Sailu, aged 50years, occ: Driver R/o.Narketpally tvl and IM],Nalgonda District.NowR/o.H.No.16-2-248,Anandnagar, Malakpet, Hyderabad.
...Appellant/Petitioner
AND
Counsel for the Appellant: SRI.T VISWARUPACHARY
Counsel for the Respondent No.2:SRIN. MOHAN KRISHNA
The court made the following ,udgement:
THE HONOURABLE SRI JUSTICE NAMA.VARAPU RAJ ESHWAR RAO M.A.C.M.A.No.3639 of 201 1
JUDGMENT:
This M.A.C.M.A. is frled by the appellant/injured, aggrieved by the order and decree dated 15.07.2011 passed in O.P.No.323 of 2OO9 on the file of XI Additional Chief Judge City Civil Court at Hyderabad (Fast Track Court) (for short "the tribunal").
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bus and earning Rs.7,500/- per month. On account of the fracture injuries sustained by him, he lost his earnings and became permanently disabled. As such, he filed the claimpetition claiming compensation of Rs.4,00,OO0/-.
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awardedjust compensation for the injuries sustained by the petitioner and the amount awarded under the heads of pain and suffering, loss of earnings arrd extra nourishment is very meager and unjustifiable and sought for enhancing the same.
1 1. Since the claim-petition is filed under Section 163-A of the Motor Vehicles Act, it is not necessary to go into the aspect of the rash and negligent driving of the driver of the offending Van.
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bed rest for two or three weeks, therefore, theamount of Rs.5,OO0/- awarded under the head of loss ofearnings appears to be reasonabie. Though thepetitioner filedmedical bills under Ex.A6 for Rs.33,045/-, the Tribunal afterexaminingthe same has categorically held that except the10s billfor Rs.2,163/- the other bills are doubtful,however, considering the nature and period of treatment undergoneby the petitioner in various hospitals, the Tribunalhas awarded an amountof Rs. 1O,00O/- towards medical expenses,which appearto be just '.i and reasonable needs no interference.The other amountsof for extra Rs.2,O0O/ - towards transportation, Rs.2,OO0/nourishment appears to be reasonable and needs no interference of this Court In all, the petitioner is entitled to a compensation of Rs.49,000/ -
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appeals, shall stand closed. No costs
SD/- V. HARIPRASAD ASSISTANTREGISTRAR c.!il/
//TRUECoPYI I
SECTION OFFICER
To,
HIGH COURT
DATEDrZ3l09l2023
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MACMA.No.3639 of 2011
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2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal is reasonable and requires enhancement.
Whether the quantum of compensation for injuries and medico-legal expenses is justifiable under Section 163-A of the Motor Vehicles Act.
2 provisions across 1 enactments
R.VENKATAIAH
B.VENKAT REDDY
Reliance General Insurance Co Ltd
NAMAVARAPURAJESHWARRAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
