The High Court allowed the motor accident civil miscellaneous appeal filed by a doctor. The court enhanced the compensation awarded by the lower court from Rs. 20,000 to Rs. 30,000 with interest at 7.5% p.a.
Compensation enhanced from Rs. 20,000 to Rs. 30,000 with interest at 7.5% p.a. to be deposited by the respondent 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.
[3304 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY,THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE NAMAVARAPU RA'ESHWAR RAO
MOTOR ACCIDENT CIVIL MISCEL EOUS APPEAL NO: 953 OF 2011
Appeal Under Section 173 of Motor Vehicles Act against the order and decree in .O.P.No. 1010 of 2008 datd 20.12.2010, on the file of the Court of the Vll Additional District Judge, Mahabubnagar.
Between:
G.Subhan, S/o Shareef, Occ: RMP Doctor, Ryo Nagasanipally Village, Pebbair Mandal.
...APPELLANT/CLAI MANT
AND
Sheshinder Singh, S/o Late Shekar Singh, age major, Owner of Jeep Bearing No. Ap.21.21.V.7172, Rl/o Backside of lnspection Bungalow, Shiridi Colony, Vanidela Kollapur, Mahabubnagar District.
...RESPONOENT
Counsel for the Appellant :SRl. J. SANDHYA RANI
Counsel for the Respondent :SRl K. RAIIIA KRISHNA
The Court made the following: ORDER
h
THE HON'BLE SRI JUSTICE NAMAVARAPT' RA"IESHWAR RAO M.A.C.M.A.No.953 oF 2011
JUDGMENT:
This appeal is filed by the appellant/petitioner in O.p. No.lol of 2008 under Section 173 of the Motor Vehicles Act, aggrieved by the Common order and decree, dated 20. \2.2OLO passed in O.P.No.lOl and tO2 of 2O0g on the lile of the VII Additional District Judge, Mahabubnagar (for short "the Court below").
2
RRN,,I MACMA No.95.l of 201 I
registered a case in Crime No.85 of 2OO7 under Section 337 and 338 IPC. The petitioner is an RMP doctor and earns Rs.300/-per day. Due to the accident, he sustained a fracture of the left ankle, left metatarsal shaft and multiple injuries and he was admitted as an inpatient in Government General Hospital, Kurnool. After discharge from the Government Hospita.l, he was admitted to Viswa Bharati Super Speciality Hospital, Kurnool, as an inpatient and has incurred more than Rs.3O,0O0/- for the Hospital and medicines worth Rs. lO,O0O/-, apart from loss of income. As such, the petitioner hled the claim petition.
l
RRN.J MACMA No 951 of20l I
|7 Heard both sides. Perused the record
tO. Thought respondent claimed that there was negligence on the part of the petitioner to cause the accident, but no evidence was adduced to that eflect. The court belo'v elaborately discussed
4
RRN.J N{ACMA No.953 ot20tt
the issue No.l and based on the evidence of pWs I and 2, Ex.Al_ FIR and Ex.A-2-chargesheet, and came to the conclusion that the accident was on account of rash and negligent driving of the jeep bearing No.AP-21V-7172 by its driver. As such, the finding of the Court below that the respondent is liable to pay compensation to the petitioner has attajned finality.
1 I . It is observed from the impugned order that the Court below has awarded only Rs.2O,OOO/- to the petitioner stating that perusal of O. P. issued by the Government General Hospital, Kurnool, found that the petitioner had swelling on the 1eft ankte and swelling over the sacral region and the discharge card issued by Visu,a Bharati Super Specialty Hospital, Kurnool, does not disclose sustaining of any fracture by the petitioner. Therefore, the petitioner failed to prove that he sustained fracture injuries. This Court is inclined to award a sum of Rs.lOrOOO/- towards pain and suffering, extra nourishment and transportation charges etc., apart from Rs.20,O0O/- awarded by the Court below.
L2. The Court below awarded interest @ 60/o p.a. on the compensation amount in view of the prevailing rate of interest during that period. This Court is incessantly awarding interest @
RRNJ ,lACtuA No 951 of 201I
5
I rj
7.5o/o p.a. on the enhanced arnount from the date of petition till the date of rea-lization.
As a sequel of which, miscellaneous petitions. if any, pending shall stand closed
To,
Sd/.MOHD.ISMAIL ASSISTANTREGISTRAR N)--' SECTIWOFFICER
//TRUE COPY//
\
DL
HIGH COURT
OATED:09/08/2023
I E i I I
t I I
JUDGMENT
MACMA.No.9S3 of 2011
MACMAALLOWED@
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WEDNESOAY,THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENW THREE
PRESENT
THE HONOURABLE SRI JUSTICE NAMAVARAPU RA'ESHWAR RAO
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 953 OF 2011
Between:
9.Subhan,S/o Shareet Occ: RMP Doctor, R/oNagasanipallyVillage, pebbair Mandal.
...APPELLANT/CLAI MANT
AND
Shcshinder Singh, S/o Late Shekar Singh, age majr:r, Owner of Jeep Bearinq No. 4p.21.21.V.7'172, Fl/o Backside of lnspection Bungalow, Shiridi Cot6ny, Vanldela Kollapur, Mahabubnagar District-
Appeal Under Section 173 of Motor Vehicles Act against the order and decree in O.P,No. 1010 of 2008 datd 20.12.2010, on the file of the Court of the Vll Additional District Judge, Mahabubnagar.
ORDER: This appeal corning 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 SRl. J. SANDHYA RANI, Advocate for the Appellant and of SRI K. RAMA KRISHNA, Advocate for the Respondent .
This Court doth Order and Decree as follows:
Sd/.MOHD.ISMAIL ASSISTANT REGISTRAR
//TRUE COPY//
SECT ICER
To,
DL
HIGH COURT
DATED:09/08/2023
DECREE
MACMA.No.953 of 2011
MACMA ALLOWED W
[o 7o
3 issues framed by the court
Whether the quantum of compensation awarded by the lower court was adequate.
Whether interest on the enhanced compensation amount should be awarded.
Whether the respondent must deposit the enhanced compensation amount within a specified period.
1 provisions across 1 enactments
G.Subhan
Sheshinder Singh
NAMAVARAPU RAJESHWAR RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
