Partly allowed

The Apsrtc, Rrep.by Its Md, Musheerabad, Hyd and Another v. Smt.Ch. Hamsa

Telangana HC29 Aug 2023MACMA/3830/2012

Case brief

AI extract

What is this about?

The single judge enhanced the compensation awarded to the petitioner in a motor accident claim from Rs. 1,73,000 to Rs. 2,51,526 after considering medical bills and injuries. The Transport Corporation's appeal seeking to reduce compensation or claiming contributory negligence was dismissed.

What did the court decide?

Compensation enhanced to Rs. 2,51,526 with interest at 7.5% p.a.; appeal by RTC dismissed.

The Apsrtc, Rrep.by Its Md, Musheerabad… — Public Procurement and Tenders | Telangana HC (2023)

¶1

¶2

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

¶3

TUESDAY ,THE TWENW^{NINTH DAY OF AUGUST} TWO THOUSAND^{AND TWENTYTHREE}

¶4

PRESENT

¶5

THE HON'BLE SRI JUSTICE^{NAMAVARAPU RAJESHWAR RAO}

¶6

M.A.C.M.A. NO.^{1344 0F 2014}

¶7

AND

¶8

M.A.C.M.A.^{NO. 3830 0F 2012}

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M.A.C.M.A. NO. 1 344 oF^2014:

¶10

Appeal Under^{Section 173 of M V Act againstthe order andDecree} dated 14-12-2Oi i^{in O.p.tlo.303 / 2009 on the file of the Courtof the I Additional} f,rfetropofitanSessionsJudge-cum-XVAclditionalChiefJudge'Hyderabad'

¶11

Between:

¶12

Smt.Ch.Hamsa, Wo^{Ch.Sivaiah,Occ LabourerR/oTaramathpet[Vl' Hayatnagar} [M],^{Ranga ReddY District.}

¶13

...APPELLANT/^Petitioner

¶14

AND

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The A.P. S.R.T.C.^{rep. by its Managing DirectorO/o Musheerabad'RTC X} Roads, Hyderabad'

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The Depot^{Manager, AP State Road Transport Corporation O/o Devarakonda}

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Bus Debot, Devaiakonda, Nalgonda District

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...RESPONDENTS/^ResPondents

¶19

Counsel for the^{Appellant:SRl.B' VENKATREDDY}

¶20

Counsel for the^{Respondents:SRI C' SUNILKUMAR REDDY(SCFORAPSRTC)}

¶21

MACMA NO: 3830 oF²⁰¹²

¶22

Appeal Under Section 173 of^{M.V.Actaggrievedby the Award-and} Decree dated^,14-12-2011 in O.P.No.^{303 0f 2009 0n the file of the court of the I} Additional Metropolitan Sessions^{Judge cum XV AdditionalchiefJudge'} Hyderabad.

¶23

Between:

¶24

The APSRTC, Rep.by its Managing^{Director, Musheerabad,RTC X Roads} Hyderqbad.

¶25

2 The Depot Manager, APSRTC,^{Devarakonda Bus Depot, Nalgonda District'}

¶26

,APPELLANT/ Respondents

¶27

AND

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Smt.Ch Hamsa , Wo Ch. Shivaiah^{Occ: Labourer R/oTarmathpetV!!]?gq,} Hayathnagar Mandal, R.R.District. ."RESPONDENTS/

¶29

."RESPONDENTS/ Petitioners

¶30

l.A. NO: 2 OF 2012(MACMAM^{P. NO: 2696OF 20'l2l}

¶31

Petition under Section 151 CPC^{praying that in the circumstancesstated} in the affidavit filed in support of^{the petition,the High court maybe pleasedto} stay the executron of the^{decree and all further proceedings passedin} oP No.303/2009 dated 14.12.2011^{0n the file of the court of the '1stAdditional} Metropolitan Sessions Judge^{cum XV AdditionalChiefJudge, Hyderabad'}

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Counsel for the Appellants: SRl.^C. SUNILKUMAR^{REDDY(SC FOR APSRTC)}

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Counsel for the Respondent:^{SRl. B. VENKAT REDDY}

¶34

The Court made the following:^ORDER

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¶36

¶37

THE H.N'BLE sRr JUsrIcENAMAVARAPU^{RAJEsttwAR RAo}

¶38

M.A.C. M.A^{No.1344 0F 20L4}

¶39

¶40

M.A.C.M.A No.3830 0F²⁰¹²

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coMMON JUDGMENT:

¶42

Both these Motor Accident^{Civil Miscellaneous Appeals} are being disposed^{of by way of this commonjudgment as both} these appeals^{are directed againstthe award dated 14'12'2Oll} in O.P No.303 of^2OO9 Passed^{by the I Additional Metropolitan} Sessions Judge-cum-XV^{Additional Chief Judge,Hyderabad} (hereinafter referred^{to as 'the Court below')'}

¶43

appellants/respondents/RTC^{had challengedthe a"vardand} prayed to set aside the^{same and in M'A'C M'A No 134'1 of} 2014, the appellant/petitioner^{had challengedthe aw'ard being} aggrieved by the^{quantum of compensationand prayedto} enhance the same.

¶44

For convenience,^{the facts in M A'C M A No 1344 ol 2Ol4} are discussed hereunder,^{and the parties are hereinafter} referred to as they^{are arrayed before the Court below'}

¶45

¶46

RRN,J COMMON IUDGMENT IN MACMA No.1344 of 2014 & 3830 OF 2012

¶47

Brief facts of the case are that on 12.01.2009 at about 10.15 hours, the petitioner was travelling on motor cycle No.AP-298B-29 l1 as a pillion rider from Champapet towards Turk Yamzal side along with her husband as a rider, and when they were approaching Bibinagar, one ApSRTC bus bearing No.AP-llz-l7ol, driven by its driver at high speed in a rash and negligent marner dashed the motorcycle, due to which she and her husband fell dovrn and her husband sustained a head injury and multiple injuries and died on the spot. The petitioner also sustained grievous injuries. The police of Vanastalipuram has registered a case in Cr.No.2l of 2009 under Section 304-A IPC alrd 338 IpC against the driver of said Bus. Accordingl_l', the petitioner filed a claim petition claiming compensation ol Rs.4,00 ,OOO /- and the Court below granted an anr.ard ol Rs. 1,73,OO0/- under different heads. The RTC aggrieved the same.

¶48

With regard to appeal filed by the appellalt/petitioner, learned counsel for the petitioner submitted that the Court below ought ro have granred the full amount of Rs.4,00,000/_ as just and proper compensation to the appellant/petitioner _ but should not have restricted the claim upto Rs. |,T3,OOO / on an arbitrarv estimation of the income of the appellant.

¶49

RRN,I COMMON IUDGMENT IN MACMA i10.1344 0f 2014 & 3830 0F 2012

¶50

¶51

¶52

The learned counsel for the petitioner further^submitted that the Court below ought to have appreciated that the appellant has sustained a head injury, chest injury, fracture of right clavicle ald fracture of ribs (right side) I , 2, 3 &⁴ , fracture of right side pubic rami bone,^Massive Pnenuthemothorax anaemia. The appellant/^{petitionerwas} admitted in Yashoda Hospital, Malakpet, from^{12.07.2OO9 to} 24.O1.2OO9 as an inpatient, and she was^{kepton ventilationas} she was having difliculty in breathing ald^{developedsevere} pneumonitis leading to ARDS. She has incurred a discharge bill of Rs. 1,10,0O0/- in Yashoda Hospital,^fortests Rs.33,015/- for pharmacy and medicines Rs.10,511/-,^totally the appellamt has incurred Rs. 1,53,526/-. The^{Courtbelo',','} has not properly appreciated the injuries and^{medicalbills as} all the fractures are^grievous injuries^{in nature.}

¶53

Learned counsel for the respondents submitted^{that the} Court belou' granted a huge amount^towards injuries,^{and the} same is aggrieved by the RTC.

¶54

To prove her case, the petitioner examined^{PWs.l to 3} and got marked Exs.Al to A1 1. On^{behalf of respondents,} neither oral nor documentary evidence^{was adduced.}

¶55

¶56

RRN,J COMMON IUDGMENT IN MACMA No-1344 of 2014 & 3E30 OF 2012

¶57

After considering the claim and the counter filed by the respondents and on evaluation of the evidence, both oral and documentarlr, the Court below has answered issue No. 1 in favour of the petitioner and the O.P. was partly allowed awarding compensation of Rs.1,73,000/- with interest at 7 .So/o per zrnnum payable by the respondents jointly ald severally. Dissatisfied with the quantum of compensation, the present appea-l has been hled by the petitioner.

¶58

Heard both sides. Perused the record.

¶59

1 l. Learned counsel for the petitioner mainly contended that the quantum of compensation awarded by the Court below is on the lower side even though the peliLioner produced the ora_l and documentar)' evidence for proving expenditure and seeks enhancement of the same. Pw.3 has stated that the petitioner sustained three (03) grievous injuries, and the Court below grarted onl.v Rs.2O,000/-each i.e. Rs.6O,OOO/- for 3 injuries. The Court belon ought to have granted Rs.3O,OOO/- towards Ioss of earning's during the treatment period. With regard to tests, the Court belou' did not grant amount of Rs.33,O 15/towards pharmac_l' and medicine, Rs. 10,51 1/- towards medical

¶60

RRN,I COMMON IUDGMENT^IN MACMA^{No.13440t2014 & 3830 0F 2012}

I I I i II I I I i l

bills ald pharmacy^{and also did not grant Rs'5,00O/-towards} attendant charges

¶65

Coming to the^{loss ofearnings, according tothe} petitioner, she sustained^{a head injury, chest injury, fracture} of right clavicle and^{fracture of ribs (right side) l,2' 3 e 4'} fracture of right^{side pubic rami bone,Massive} Pnenuthemothorax^{anaemia.Consideringthe nature of the} injuries, this^{Court isinclined togrant anamount of} Rs.3O,OOO/-^{towardsloss of earnings.}

¶66

1 3. As rightly observed^{by the Court below thatthe} petitioner had a^{dischargebill of Rs'1,1O,O(X)/-,the Court} belorv has^{granted the same, but the Court below did not} grart an-v amount^{for medicaland pharmacy bills' Therefore'} this Court is^{inclined to grant Rs'33,O15/- towards medical} bills Rs.1O,511/-^{towards pharmacy bilts, atotally} Rs. 1,53,526l-^{(1,10,OO0+ 33,O15 + 10,511)'The petitioner} had sustained^{three grievous injuries,and as such, awarded a} sum of Rs.6O,OOO/-^{towards injuries i'e', Rs'20,000/-for each} grievous injury^{underthe head of "Pain and Sufferinf 'Hence'} no interference^{is requiredby this Court'Also, the Court} belorv arvarded Rs.1,5OO/-^{under the head Tralsportation}

¶67

¶68

RRNJ COMMON ',UDGMENT IN MACMA No.1344 of 2014 & 3830 OF 2012

¶69

charges and another sum of Rs. l,5OO/. Hence, no interference is required by this court. The court below did not grant attendant charges, and this Court is inclined to grant an amount of Rs.S,OOO/ towards attendant charges.

¶70

SI.No.	Description	Calculation
1	Dischargebill	Rs.1,10,000/-
2	Medicalbills	Rs.33,015/-
J	Pharmacy bills	Rs.10,511/-
4	Grievousinjuries (Rs.2O,00Ox3)	Rs.60,000/-
5	Lossofearnings	Rs.30,O0O./-
6	ttendantcharges A	Rs.5,O00/-
7	Tr (R ansportationcharges s.1,5O0+t,S00l	Rs.3,O00/-
	Total	Rs.2,51,526

¶71

Accordingly, M.A.C.M.A No. 1344 of 2014 fiieci by the petitioner is allowed in part, enhancing the compensation amount from Rs. 1,73,OOOl- to Rs.2,S1,526l_(Rupees T\r,o Lakhs Fifty One Thousand and Five Hundred and Twenty Six only) which sha-ll carrv interest tr 7.Soh p.a from the date of petition till the date of realisation. The respondents are directed to deposit the au,arded amount a_long with interest and costs, after deducting the amount, if any already deposited, within (02) months from rhe date of receipt of a copy of this judgment. There shall be no order as to costs.

¶72

¶73

RRN,J COMMON JUDGMENI IN MACMA No.1344 of 2014 & 3a3o OF 2012

¶74

¶75

¶76

M.A.C.M.A NO. 3830 0F 20L2

¶77

The above M.A.C.M.A. was filed by the respondents/RTC by contending that the Court below failed to consider the contributory negligence on the part of the deceased husband of the petitioner and that the Court below erred in considering the number of grievous injuries. In 'riew of the findings in M.A.C.M.A No.l344 of 2014, this M.A.C.M.A No.3830 of 2Ol2 is liable to be dismissed as no evidence either oral or documentarSr was adduced by the respondents with regard to contributory negligence and other aspects clearly discussed above.

¶78

Accordingl_v, the M.A.C.M.A No.383O of 2OL2 filed by the appellant/ respondents/ RTC is dismissed. There shall be no order as to costs

¶79

As a sequel, miscellareous applications, if any, pending in both the appeals shall stand closed.

¶80

SD/-K. VENKAIAH ASSISTANT R GISTRAR

//TRUE COPY//

SECTION FFICER

The XV Additional Chief Judge, City Civil Court , Hyderabad. 2. One CC to SRI B VENKAT REDDY Advocate [OPUC] 3. One CC to SRI C SUNILKUMAR REDDY(SC FOR APSRTC) Advocate loPUCl

4 Two CD Copies

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HIGH COURT

DATED:2910812023

COMMON JUDGMENT

MACMA.No.'1344 ot 2014

¶91

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¶92

AND

¶93

MACMA NO.3830 0F 2012

¶94

DISMISSING THE MACMA NO. 3830 OF 2023

¶95

AND PARTLY ALLOWING THE MACMA NO. 1344 OF 2014

¶96

G)q'o
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¶97

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

¶98

TUESDAY ,THE^{TWENTY NINTH DAY OF AUGUST} TWO THOUSAND^{ANDTWENTY THREE}

¶99

PRESENT

¶100

THE HONOURABLE^{SRIJUSTICE NAMAVARAPU RAJESHWARRAO} MOTOR ACCIDENT^CIVIL SCEL NEO APP LNO 13440F²⁰¹

¶101

Between:

¶102

Smt. Ch.^{Hamsa,Wo'Ch.Sivaiah,Occ} Labourer^{Rl/o.TaramathPet} [Vl, Hayatnagar [M],^{Ranga Reddy District'}

¶103

.,.APPELLANT/PETITIONER

¶104

AND

¶105

The AP State^{Road Transportcorporation,rep by its ManagingDirector} O/o.Musheerabad,^{RTCX Roads,Hyderabad'}

¶106

The Depot^{Manager, AP State RoadTransport Corporation O/o'Devarakonda} Bus Depot, Devarakonda,^{Nalgonda District'} ---

¶107

...RESPONDENTS/RESPONDENTS

¶108

Appeal under^{Section173 of M'V' Act against the order and Decree dated} ,14-12-201,|ino.P.No.303of200gonthefileoftheCourtofthelAdditional Metropolitan^{Sessions Judge-cum-XV AdditionalChiefJudge' Hyderabad'}

¶109

The appeal^{comingon for hearing, upon perusing the Memorandumof} grounds filed in the^{Appeal, the JudgmentandDecreeof the Lower Courtand} the record in^{the case and uponhearingthe arguments of the Sri B' Venkat} Reddy, on behalf^{of the Appellant and of Sri' C' Sunil Kumar Reddy' Advocate} for the ResPondent^{Nos.1 & 2.}

¶110

This Court doth^{order and decree as follows:}

¶111

1-ThattheM.A.C.M.A.No.l344ol2Ol4beandherebyisallowedinPart;

¶112

That the amount^{of compensationis hereby enhancedfrom Rs 1'73'0001} to Rs.2,51,526^{(Rupees Two Lakhs Fifty One Thousand and Five Hundred} and Twenty^{Six Only) which shall carry interest @7 SYo p'a from the date} of^{petition till the date of realization;}

¶113

That the^{respondentsbe and hereby are directedto deposit the awarded} amount along^{with interest and costs, after deductingthe amount' if any}

¶114

already deposited, within (02) months from the date of receipt of a copy of this Judgment; and

¶115

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

¶116

SD/. K. VENKAIAH ASSISTANT REGIS R /,TRUE COPY// SECTI N OFFICER

¶117

¶118

The )0/ Additional Chief Judge, City Civil Court, Hyderabad

¶119

Two CD Copies

) J

HIGH COURT

DATED:2910812O23

DECREE

MACMA.No.134/. ol 2014

¶126

PARTLY ALLOWING THE MACMA NO 1344 OF 2014

¶127

(go4,J. k---1-p\P

¶128

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

¶129

TUESDAY,THE TWENry NINTH DAY OF AUGUST TWO THOUSAND AND TWENry THREE

¶130

PRESENT

¶131

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR^RAO MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL^{NO: 3830 OF 2012}

¶132

Between:

¶133

The AP State Road Transport Corporation,^{rep by its ManagingDirector} O/o.Musheerabad, RTC X Roads, Hyderabad.

¶134

The Depot Manager, AP State Road^{Transport Corporation O/o.Devarakonda} Bus Depot, Devarakonda, Nalgonda District.

¶135

...APPELLANT/RESPONDENTS

¶136

AND

¶137

Smt. Ch. Hamsa, Wo.Ch.Sivaiah, Occ^{Labourer R"/o. Taramathpet Village,} Hayatnagar Mandal, Ranga Reddy Diskict.

¶138

,..RESPONDENTS/PETITIONER

¶139

Appeal under Section 173 of M.V. Act against^{the order and Decree dated} 14-12-2011 in O.P.No.303 of 2009 on the^{file of the Court of the I Additional} Metropolitan Sessions Judge-cum-XV Additional^{ChiefJudge,Hyderabad.}

¶140

The appeal coming on for hearing,^{upon perusing the Memorandum of} grounds filed in the Appeal, the Judgment and Decree^{of the LowerCourt and} the record in the case and upon hearing the^{arguments of the Sri B. Venkat} Reddy, on behalf of the Appellant and of Sri. C.^{Sunil Kumar Reddy, Advocate} for the Respondent Nos.1 & 2.

¶141

This Court doth order and decree as follows:

¶142

That the Appeal be and hereby is dismissed;^and

¶143

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

¶144

SD/- K. VENKAIAH ,/TRUE COPY" ASSISTANT REGISTRARIb--

¶145

SECTIdN OFFICER

¶146

To,

¶147

The XV Additional Chief Judge, City Civil Court,^Hyderabad

¶148

fwo CD Copies

HIGH COURT

DATED:29/08/2023

DECREE

MACMA.No.3830 oI 2012

¶154

DISmlSstNq TH€^f,lScrna NO.38so oFQo23. d,s @W

The Apsrtc, Rrep.by Its Md, Musheerabad, Hyd and Another v. Smt.Ch. Hamsa

Case brief

What is this about?

What did the court decide?

The Apsrtc, Rrep.by Its Md, Musheerabad, Hyd and Another v. Smt.Ch. Hamsa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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