High Court dismissed an appeal against an Motor Accident Claims Tribunal award granting Rs. 2,10,422 to a motorcycle rider. The Court found the award just and proper, noting no valid grounds to interfere.
Appeal dismissed; lower court decree confirmed in all other respects.
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 STATE OF TELANGANA AT HYDERABAD
FRIDAY ,THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TWENry THREE
PRESENT
THE HONOURABLE SRIJUSTICE LAXMI NARAYANA ALISHETTY
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 365 OF 2015
Appeal Under Section 173 of Motor Vehicles Act against the order and decree in M.V.O.P.No.49 of 2012 dated 6/9/2013 on the file of the Court of the Chairman Motor Accident Claims Tribunal-cum-Vl Additional District and Sessions Judge, Godavarikhani, Karimnagar District.
Between:
Karravula Dhadi Raju, S/o. Narsaiah, R/o.Q.No.T2-1314, Thilaknagar, Godavarikhani, Ramagundam, Karimnagar District.
...APPELLANT/PETITIONER
AND
...RESPONDENTS/RESPONDENTS
Counsel for the Appellant: SRl. G. SUNDARESAN
Counsel for the Respondent No.2: SR!. K. AJAY KUMAR
Counsel for the Respondent No.1: NONE APPEARED
The Court made the following: JUDGMENT
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
M.A.C.M.A.NO.365 0F 2015
JUDGMENT:
Heard learned counsel Sri G.Sundaresan for the appellant and learned standing counsel Sri. Kondadi Ajay Kumar for respondent no. 2-insurance company.
LNA,J MACMA No.i65 ol2015
2
4th and 5th Raywith dorsal skin loss.Immediately, he was shifted to SuryaHospitaJ,Godavarikhani. The Police, RamagundamP.S., registereda case in Crime No.156/2O09 under Section 337 & 338 IPCagainstthe driver of the offending vehicle and filed charge sheet.
-.Er -.r:
LNA,) MACMA No.365 ol2015
3
appellant and expenditure incurred towards treatment and finally, prayed for dismissal of the claim petition.
i) Whether the accident took place due to rash and negligent driving of the offending vehicle i.e., Lorry bearing No.AP- 15-X-2777 by its driver?
ii) Whether the petitioner is entitled to compensation and if so, to what amount and from whom?
iii) To what relief ?
LNA"I MACMA No.365 oJ 2015
4
annum fromthe date of petition till the date of realization.The owner-cum-driverof the vehicle and the Insurancecompalyi.e., respondent Nos.1 and 2 were held to be jointly and severally liable to pay the saidcomPensation.
1 1. The learnedstanding counsel for insurancecompany submitted thatthe MACT has rightly awarded the compensation towards injuriessustained by the claimant and the grounds raised by the appellantare untenabie andno case is made out warranting interference by thisCourt with the impugned award passed by the MACT andprayed for dismissalof the appeal'
LNA,! MACMA No.365 of 2015
5
i) ndlture towards treatment:
The MACT has considered Ex.A4-injury certificate issued by the Nizams Institute of Medical Sciences and Ex.A6-medical bilts and awarded an amount of Rs. 1,0O,422/- towards expenditure for treatment.
ii) Pain and sufferlnE:
In so far as the quantum of compensation towards pain and suffering, the MACT had considered the fact that petitioner underwent surgery and four meta tarsal bones were fractured and awarded an arnount of Rs.50,0O0/- towards pain and suffering.
iii) DisaE,tlity
Though the appellant failed to produce any evidence showing disability from the Medical Ofhcer, the MACT had awarded a sum of Rs. 25,0O0/ - towards disability.
!
LNA,J MACMA N0.365 of 2015
6
iv) loss of earnings:
With regard to the awarding of amount towards loss of earnings, the MACT has considered that the appellant is a student at the time of accident and the injury will have some effectof his earnings and awarded an amount of Rs.25,00o/-.
v) Trans ortation charges:
Considering the fact that appellantwas shiftedto Hyderabad from Godavarikhani, award an amount ofRs. 10,O0O/- towards transport charges.
//TRUE COPY//
SD/- P. PADMANABHA R DDY ASSISTANT REGI RAR
I
SECTION OFFICER
KVR/JAK tg
HIGH COURT
DATED:ZOI1012023
JUDGMENT
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MACMA.No.365 of 2015
DISMISSED
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY,THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TWENry THREE
PRESENT
THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETry MOTOR ACC IDENT CIVIL MISCELLANEOUS APPEAL NO: 365 oF 2015
Between:
Karravula. Df,{i Raju, S/o. Narsaiah, R/o.e.No.T2_1314, Thilaknagar, Godavarikhani, Ramagundam, Karimnagar District.
AND
...APPELLANT/PET|T|ONER
...RESPONDENTS/RESPONDENTS
Appeal Under section 173 of Motor Vehicles Act against the order and decree in M.V.o.P.No.49 oI 2012 dated 6/9/2013 on the file of the court of the chairman Motor Accident claims Tribunal-cum-Vl Additional District and sessions Judge, Godavarikhani, Karimnagar District.
ORDER: 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. G. Sundaresan, Advocate for the Appellant and of sri. K. Ajay Kumar, Advocate for the Respondent No.2 and for the Respondent No.1 not appeared either in person or by Advocate.
This Court doth Order and Decree as follows:
To,
SD/- P. PADMANABHA REDDY ASSISTANT REGISTRAR ^/
//rRUE copy//
'U/
SECTION OFFICER
KVR/JAK
\d'
HIGH COURT
DArED:2O11012023
DECREE
MACMA.No.365 of 201S
DISMISSED
1 issue framed by the court
Whether the Motor Accident Claims Tribunal awarded just and proper compensation requiring appellate intervention.
1 provisions across 1 enactments
Karravula Dhadi Raju
Bongani Mallesh
Reliance General Insurance Co Ltd.
Laxmi Narayana Alishetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
