Partly allowed

B.Saritha v. K. Srisailam Goud and Another

Telangana HC7 Aug 2024MACMA/1381/2009

Case brief

AI extract

What is this about?

A minor claimant injured by a rash and negligent lorry driver sought enhancement of the Tribunal's compensation of Rs.76,485 for permanent disability, pain, suffering and attendant charges. Liability and accident circumstances were undisputed. The High Court enhanced compensation to Rs.1,35,985 with interest at 7.5% per annum from the date of petition till realization, confirming the award otherwi

What did the court decide?

Compensation enhanced from Rs.76,485 to Rs.1,35,985 with interest @ 7.5% p.a. from date of petition till realization; rest of Tribunal's award confirmed.

B.Saritha Vs K. Srisailam Goud and Another — Motor Accident Claims | Telangana HC (2024)

¶1

132511

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

WEDNESDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HON'BLE SRI JUSTICE K.SURENDER

¶6

M.A.C.M.A.No:13 81 of2009

¶7

Appeal filed under Section 173 of M.V. Acl., aggrieved by the Judgment and Decree dated 1449-2004 passed in o.p.No.87 of 2001 on the file of the courtof the Motor Vehicles Accidents claims Tribunal-cum-V Additional chief Judge, city civil Court, Hyderabad.

¶8

Between:

¶9

B.Saritha, D/o Sri B.Sudershan, Age:8 years, rep. by her natural father and guardian B. Sudershan, S/o Sri Eswaraiah, ngd:+S'years, Occ: Watchmin, Commissioner of Small Savings and State Lotieriel, R.e. nyOerabad

¶10

...AppellanUPetitioner

¶11

AND

¶12

K. Srisailam Goud, S/o K.Krishna Goud, aged Not known, resident of 1_729, Shspurnagar, Ogtbu[agy1.Ar!q!al, Ranga Reddy District. (Owner of Lorry^' Tipper Bearing No.AP-12U-873) .

¶13

The United lndia lnsurance company Limited, rep. by its Divisionar Manaqer Divisional Officer-Xl, H.No.16-10'-22 i105, Mat;kp'et, ityOeraOJO.^-

¶14

"'Respondents/Respondents

¶15

counser for the Apperant: M/s. K. srrARAM

¶16

Counsel for the Respondents: SRI A.V.K.S. PRASAD

¶17

The Court delivered the following: JUDGMENT

¶18

THE HON'BLE SRI WSTICE^K.SURENDER

¶19

M.A.C.M.A No. 1381 0F²⁰⁰⁹

¶20

JUDMENT:

¶21

This appeaL is filed by the^{claimant/appellant questioning} the compensation^{granted by the Tribunalas meagre'}

¶22

Heard the learned^{counsel for the appellant-claimantand} the learned counsel^{for respondentNo.2-lnsurance Company}

¶23

The manner in which the^{accident had taken place arrd the} liability is not in^<1isPute.

¶24

On 03.1O.2OOO while the^{appellant who was aged around8} years was crossing the road along with^{his father, the offe nding} vehicle which is a lorry driven^by it^{Driverin a rash and neSdigent} manner dashed against the appellant^{resulting inrec eiving} grievous injuries.

¶25

karned <:ounsel for the appellant submits^thatin Ex.A.3/certihed copy of the medical^{certifitcate, it is spec ifically} mentioned that the appellant received^{grievousinjurier; and} suffered permarlent disability. The Tribunal^{consideringthe} injuries, granted meagre compensation of Rs.76,485/- and^prays for enhancement of compensation.

¶26

I I

¶27

¶28

6 Keeping in view the injuries received by the claimant, this Court deems it approprtate to enhance the compensation as

¶29

follows:-

¶30

Sl.No. 01.	NameofHead Permanent disabili	Awardedby Tribunal Rs.25,OOO/-	Awardedby thisCourt Rs.50,OOOf
02. 03. 04. o5. TOTA	fferin Pain and Su t A tendartt Cha-r s ge Extranourishment and medicrnes Trans ortation p L	Rs.10,000 Rs.4O,985/- Rs.5O0/- Rs.75,48S/-	Rs.3O,OOO Rs.lO,OOO Rs.40,98S/- Rs.5,0OO Rs.1,35,985/-

¶31

In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed enhancing the compensation awarded by the Tribunal from Rs.76,485/- to Rs.f ,35,985/_. The enhanced amount shall carry interest @ Z.So/o per annum from the date of petition till the date of realization. Except the above enhancement, the award of the Tribunal shall remain same on all other aspects. Miscellaneous applications, if any pending, shall stand closed.

¶32

Sd/. MOHD. IS IL ASSISTANT R RAR

//TRUE COPY//

sEcTto OFFICER

To,

1' The Motor Vehicres Accidents craims Tribunar-cum-V Additionar chief Judge, City Civil Court, Hyderabad. (with records, if any)

¶37

One CC to M/s. K. SITARAM, Advocate tOpUCl

¶38

One CC to SRt A.V.K.S. PRASAD, Advocate [OPUC]

¶39

Two CD Copies

kam/gh

HIGH COURT

DATED:0710812024

r.'. -
---,.'-,i''-'
./...; ,
/...::'
t 2t tiifll

¶45

JUDGMENT

¶46

MACMA.No.1381 of²⁰⁰⁹

¶47

PARTLY ALLOWING MACMA

s\H
b,b

132511

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶52

WEDNESDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

¶53

PRESENT

¶54

THE HON'BLE SRI JUSTICE K.SURENDER

¶55

M.A.C.M.A.N o: 138 1of2009

¶56

Between:

¶57

B.Saritha, D/o Sri B.Sudegha1,. Age:g years, rep. by her natural father and guardian B. Sudershan. S/o sri elwar6ian,-'ng;ai'years, o".l wiitnrln. Commissioner of Smal sartngs anJsiitl1iibiilli ilp. Hyderabad.

¶58

...AppellanUPetitioner

¶59

AND

¶60

K, Srisailam Goud, S/o K.Krishna.Goud, aged Not known, residentof 1-729, Shspurnaoar, eutbuilaour lVtandat, nangih;d-y'oistrict.' lOwn;; ;i L"rt"' Tipper Bearing No.Ap-i 2U_873) .

¶61

The United lndia rnsurance_company Limited, rep. by rts Divisionar [vanaoer. Divisionat officer_Xr, H.No.16_10'_27iros, MirarpLi,-fri;;;;.""'i^'.v'|u"uvu,,

¶62

...Respondents/Respondents

¶63

Appeal filed under Section 173 of M.V. Act., aggrieved by the Judgment and Decree dated 14-og-2004 passed in o.p.No.87 of 2001 on the file of the court of the Motor Vehicles Accidents craims Tribunar-cum-v Additionar chief Judge, city civir Court, Hyderabad.

¶64

This appeal coming on for hearing and upon perusing the grounds of appedl, the Judgment and Decree of the court berow and the materiar papers in the case and upon hearing the arguments of M/s. K. slrARAM, Advocate for the appellant and sRl A.v.K.s. pRAsAD, Advocate for the Respondents.

¶65

This Court doth Order and Decree as follows:

¶66

That the Motor Accident Civil Miscellaneous Appeal be and he;reby is^partly allowed enhancing the compensation awarded by the^l-ribunal from Rs.76,4851 to Rs.1 ,35,985;

¶67

That the enhanced amount shall carry interest @ 7.5%^per annum from the date of petition till the date of realization; and

¶68

That save as aforesaid the decree of the Tribunal shall stands c,rnfirmed in all other aspects.

¶69

Sd/- MOHD. ISMAIL ASSISTANT REGJ'T

//TRUE COPY//

ty SECTION OFFICER

To,

The Motor Vehicles Accidents Claims Tribunal-cum-V Additiona Chief Judge, City Civil Court, Hyderabad.

¶74

Two CD Copies

kam

HIGH COURT

DATED:0710812024

DECREE

MACMA.No.1381 of 2009

¶81

PARTLY ALLOWING MACMA

¶82

B.Saritha v. K. Srisailam Goud and Another

Case brief

What is this about?

What did the court decide?

B.Saritha v. K. Srisailam Goud and Another

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

Similar cases

Smt. Maimooda , Shaik Mahamooda, Mahabubnagar Dist. Vs P. Shabbir Hussain, Kurnool Dist., and 4 Ano.

Polepally Pentaiah Vs the State of Andhra Pradesh

Danam Sudhakar, Budwel, R.R.District Vs the State of a.P.,through SHO Rajendranagar P.S,R.R.Dt by Pp

Shaik Altaf Vs Sri Syed Mahmood Hussain and Another

Syed Sadiq, Vs the State of a.P., Rep by Pp.

The Executive Engineer Roads and Buildings, Hyd. Vs Karepu Raj Kumar and Another