In an appeal under Section 173 of the Motor Vehicles Act, the High Court enhanced the compensation awarded to a motor accident victim from Rs.1,23,000 to Rs.2,00,000 due to grievous fractures, mental stress, and future medical needs.
Compensation enhanced from Rs.1,23,000 to Rs.2,00,000 with interest at 7.5% per annum.
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.
[3253 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE M.G.PRIYADARSINI
MOTOR ACCIDENT CIVIL MISCELLANEOUS AP PEAL NO: 168 OF 2019
Appeal filed Under Section 173 of lVlotor Vehicles Act,19B8 against the order and decree in M.V.o.P.No.422 of 20i6 dated.03-05-2018 on the file of the court of the l\rlotor Accident claims Tribunal (principal District Judge) at Nizamabad.
Between:
Kannapuram Saya Goud, S/o Kannapuram pedda Sava Goud @ pedda Sava coud, Aggd_-4?. yearr, Occ: Agricutture, R/o H.Nio.3_8_2037, Kotagaliy, Nizamabad District.
...Appella nUCla imant
AND
...Respondents/Respondents
Counsel for the Appellant : M/s. Amrutha Sanjeeva
Counsel for the Respondent No.2 : Sri V Venkatarami Reddy
The Court delivered the following: Judgment
THE HON'BLE SMT.JUSTICE M.G.PRIYADARSIN],
M.A.C.M.A.No. 168 of 2O19
JUDGMENT
1- Dissatisfied u,itl-t the compensationawarded by th:Motor Accidents Clairns Tribunal(District Judge),Nizamallad,in M.V.O.P.No.422 of 201.6, dated 03.05.2018, the claimp:titioner therein filed the present Appeal seeking enhancenrenlof compensation.
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MACMA Na 168o1?019
shoulder, multiple andgrievous injuries onface, both hands and legs and all over the body. Immediatciy,he was shifted in '1O8' Ambulance to Government Hospital wherehe wasgiven FirstAid and referred to higher centre for expert treatment and hewas shifted to RR Life Line Hospital, Nizamabad and underwent treatment as inpatient from 18.03.2016 to 23.O3.2016and underwent operation on 19.O3.2016 and steel rodswere implanted. Police of Dichpaliy Police Station registered a case inCrime No.53 of 2076 under Section 337 IPC. It is further contendedthat the petitioner was aged 40 years and was a Toddy Tapper-cumAgriculturist and was earning Rs.30,000/per month.Due to the injuries sustained by him, he lost his income andalso incurred Rs.3,00,000/- towards his treatment and becamepermanently disabled and became dependant on others.Hence, fi1edclaim petition seeking compensation of Rs.5,00,000/- fromthe respondent Nos. 1 & 2.
.)
MGPJ MACtIA Na16eal2at9
4
MGPJ MACl,tA No 163 ar 2019
1 1 . The main contention of the learned counsel for appellantis that though the claim petitioner has proved his caseby adducing cogenL and convincing evidence and also got examined PW2,whois the Doctor who treated him and also filed ai1 the relevant documents, however, the learned Tribunal, without considering the same, had awarded meagre amount towards compensation and hence prayed to allow the Appeal by enhancing the compensation.
13- Now the point that emerges lor determinationis,
5
MGEJ MACI\tA t\ )16a ct2019
Whether thec'rderpassed bg the learnedTibunalsuffers frontattg irre guLaitY?
POINT:-
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MG?I MACMA No 16A al m19
trafhc accident. Apart from oral evidcnce, the petitioner had also relied upon documentary evidence under Exs.A1 to A13. Ex.Aj_ FIR discloses that Police of Ditchpally police Station registered a case in Crime No.53 of 2006 under Sectio n 337 , took up investigation and laid charge sheet und_er Ex.A2 against the driver of the Car bearing No.KL-O2y- 100. Ex.A3-ln1ury certihcate discloses the injuries sustained by the claim petitioner in the road traffic accident. Ex.A4 is the Crime detaiis form. Ex.AS is the Discharge Summary. Ex.A6 is the Hospital Bill. Ex.A7 are the cash bills. Ex-A8 are the prescriptions. Ex.A9 is the Investigation report. Ex.ALO are the Medical blll,s. Dx.Al1 are the X_ray films (5 in number). Ex.A12 is the Driving license. Ex.At3 : Ex.Bl_ Insurance policy rndicates that the policy was in force as on the date of accident. Exs.A3, A5, A6, AZ, A8, A1O & Al 1 disclose rhe treatment undergone by the claim petitioner. Therefore, it is clear that the accident occurred due to the rash and negligent driving of the driver of the crime vehicle. This Court do not find any reason to interfere with the linding of the learned Tribunal.
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MEP J ',.ACMA Na168012A19
I I
injuries sustainc<lb1' rhe petitioner' is of the considerable'lpinion to ar.r,ardan amollnt of Rs'25,OoO/- each for two grievous njuries and anamount of Rs 20,000/-torvards future medical trerltment' Duetothein.lur.essustainedbythepetitioner,heisdeprivedof simplepleasures and amenities of Iife for which' he is put to severe inconvenience,hardship, discomfort, disappointment, frustration and mentalstress it-t lif-e and hence awarded a sum of Rs 7'000/- towardsthe same. Thus,in all, the appellant is entitled for a total which is awardedun'f erthe compensationofRs.2,0O,0OO/-
following heads:-
| S.No. | Description underwhich was awarded ofHead amount |
Amount awardedbY Tribunal |
Amount awarded bythis Court |
|---|---|---|---|
| 1 | Painandsuffering | Rs.40,000/- | t |
| 2 | Medicalexpenses | Rs.45,OOO/' | |
| Lossofc:rrningsfor months 3 |
Rs.18,000/- (Rs.6,000/ -x3) |
||
| 4 | -ransportalionand |
Rs.2O,OO0/- | |
| 5 | Extra Nourishment 2 Grievottsln1urles |
Rs.50,OO0/- (Rs.25,0O0/-each) |
|
| 6 | Future medical |
Rs.20,OO0/- | |
| 7 | treatmenL Depriva!on pleasures ofsimple and amenitiesofl1le, |
Rs.7,0O0/- |
B
\
Sd/. T. JAYASREE ASSISTAN[ YREGISTRAR //TRUE COPY//
SECTION OFFICER
To,
ADK
HIGH COURT
DATED:0910812024
JUDGMENT+DECREE
MACMA.No.168of 2019
, .)'
2 :t tlli ?il.t ,]
:,
PARTLY ALLOWINGTHE MACMA WITHOUT COSTS
lo
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE M.G.PRIYADARSINI
MOTOR ACCIDENT CIVIL MISCELLANEOUS AP PEAL NO: 168 OF 2019
Between:
Kannapuram Saya Goud, S/o Kannapuram pedda Sava Goud @ pedda Sava coud, Aggd^12. years, Occ: Agriculture, R/o H.No.3_8_2037, Kotagaliy, Nizamabad District.
...Appella nUClaima nt
AND
...Respondents/Respondents
Appeal filed Under Section'173 of Motor Vehicles Act,19BB against the Order and decree in M.V.o.P.No.422 of 2016 dated.03-05-201 B on the file of the court of the lvlotor Accident Claims Tribunal (Principal District Judge) at Nizamabad.
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 A//s. Amrutha Sanjeeva, Advocate for the Appellant and of Sri V Venkatarami Reddy, Advocate for the Respondent No.2 and none appeared for the respondent No.'1 .
This Court dothOrder and Decree as follows:
Sd/. T. JAYASREE ASSISTAN;T REGISTRAR I
//TRUE COPY//
SEC'I'ION OFFICER
To,
1.:l-he Motor Acciclent claimsTflbunal (Principal District Judge)zrt Nizamabad 2. Two CD Copies
ADK
HIGH COURT DATED:0910812024
DECREE
MACMA.No.168 of 2019
PARTLY ALLOWING THE MACMA WITHOUT COSTS
()
)
W
€l \o
2 issues framed by the court
Whether the compensation awarded by the learned Tribunal suffers from illegality?
Whether the appellant is entitled to enhanced compensation considering the grievous nature of injuries?
2 provisions across 1 enactments
Kannapuram Saya Goud
Jhon George
United India Insurance Company Limited
M.G. Priyadarsini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
