Partly allowed

Ajmeera Chinna Suraiah v. P. Nooka Raju and 2 Ors.

Telangana HC9 Sept 2024MACMA/4090/2008

Case brief

AI extract

What is this about?

In a motor accident civil miscellaneous appeal, the High Court enhanced the compensation awarded by the Motor Accidents Claims Tribunal from Rs. 21,091 to Rs. 90,126 due to grievous injuries sustained by the claimant, awarding specific amounts for grievous injury, simple injuries, and pain and suffering.

What did the court decide?

Enhanced compensation awarded from Rs. 21,091 to Rs. 90,126 with interest at 7.5% p.a. from date of petition.

Ajmeera Chinna Suraiah Vs P. Nooka Raju and 2 Ors. — Motor Accident Claims | Telangana HC (2024)

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[^32sl ]

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

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AT HYOERABAD

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MONDAY ,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY^FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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MOTOR ACCIDENT CIVI L MISCELLANEOUS^{APPEAL NO: 4090 OF 2008}

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Appeal filed under section 173 of^M.V Act,^{against the} ludgmenU^order and decree made in M.V.O.P. No.³⁷⁰ of^{2005 dated 6/6/2007 on the file of} the court of the Chairman, Motor^{Accidents ClaimsTribunal-cum-Vl} Additional District Judge (lll- Fast Track Court),^{Warangal at Mahabubabad..}

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Between:

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Aimeera Chinna Suraiah,@ A.Suraiah^{S/o.Somla Occ:Forest Beat Officer,} Kbthaguda Range Rl/o. thandraiahpalle^{Village BatchaNaik Thanda,} Narsampet Mandal,Warangal District.

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...AppellanU Claimant

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AND

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P. Nooka Raju , S/o. Ponaju, aged Maior Occ:Business^{Rl/o.Near Mandal} School, Kakiirada Road Kathipudi, Sankavaram^{Mandal, EastGodavari} District.

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The Oriental lnsurance Company Limited,^{rep, by its Divisional Manager,} Divisional Office, at P.B.No. 65, Srikrishna Complex,^{Near Girls High School,} Kakinada.

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The Oriental lnsurance Company Limited,^rep ,^{by its Divisional Manager,} Divisional Office, at J.P.N.Road Warangal.

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...Respondents/Respondents

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Counsel for the Appellant: SRl. G ANANDAM

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Counsel fortheRespondents:2 & 3:CHATLA MADHU

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The Court made the following: ORDER:-

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THE HON'BLE SRI JUSTICE K.SURENDER

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M.A.C.M.A No. 4090 0F 2008

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JUDMENT:

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This appeal is liled by the claimant/appeliant questioning the compensatton granted by the Tribunal as meagrc.

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Heard thc learned counsel for the appellant-clairnant and Lhe learned r;ounsel for respondent Nos.2 and 3-Ltsurance Company.

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The manrLer in rvhich the accident had taken pJace zrnd the liability is rxrt in dispute.

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Brief facts of thc case are that petitioner is working as Forest Beat Offlccr. Kothaguda Range. While so, on 03.10.2004, after artending his duties, white he u,as re turning home on his motor r:ycle, the offending vehicle, which is a lorry. driven in a rash and negligent manner dashed against the motor cycle, resulting in the petitioner sustaining injuries on l-ris forehead, chin, rigtrt eye and compound comminuted depressed with fracture of rigl-rt frontal parietal bone.

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Learned counsel for the appellant submits tha t tl-re Tribunal having considered the injuries received b5, thc appellant and the e-xpenditure incurred by him granted meagre

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compensation of Rs.2 1,O9 1 / -only and prayed to enhance the same

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As seen from the record, P.W.2 rvho is Consultant Neuro Surgeon in Jaya Hospital, where the appellant was treated deposed that the appeilant had received the following injuries:-

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" 1. Laccration on right forehead measuring 8x3x3cms.

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Laceration over chin mcasuring 3xIx1cms.

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Contusion on right eye."

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He also deposed that C.T. Scan of the head and brain reveals compound comminuted depressed fracture and hemorrhagic contusion frontal lobe. He further deposed that for depressed bone, excision and clevation was done.

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Keeping in view the grievous injuries reccived by the appellant, this Court deems it appropriate to enhance the compensation as follows:-

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Sl.No.	NameofHead	Awardedby Tribunal	Awarded by thisCourt
01.	Grievousinjury		Rs.3O,OOO/-
02.	Simpleinjuries(2)		Rs.20,000/'
03.	Pain and suffering	Rs. 1O,OO0/-	Rs.2O,OOO/-
03.	Extranourishment	Rs.3,0OO/-	Rs.10,OO0/-
o4	Medicines	Rs.5,126l-	Rs.5,126l-
05	Treatment	Rs.2,965/-	Rs.5,0O0/-
TOTA	L	Rs.21,O91/-	Rs.9O,126l-

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In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed enhancing the compensation awarded

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-f

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by the Tribunal from Rs.21,09 1/- to Rs.9O,^{126i -.} The enhanced amou n t shall carry in terest @⁷ .5%^pcr ann^{um from} the date of pcLitiorr till the date of realization. Except^{1he above} enhancement, thr: a',vard of the Tribunal shall^{remain same on} all other aspects. Miscellaneous applications, if^{any pending,}

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shall stand closed.

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Sd/. A.V.S. PRASAD ASSISTANT REGISTRAR

//TRUE COPYII

SECTION OFFICER

To, 1 The Chairman, Motor^{AccidentsClaimsTribunal-cum-VlAdditional} Olstrici Ludge^{(ttt- rast Track Court),Warangal at Mahabubabad( WITH} RECORDS) 2. One CC to SRI G ANANDAM Advocate [OPUC]

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One CC to SRI CHATLA MADHU^Advocate [OPUCI

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Two CD Copies

VGS

HIGH COURT

KSJ

DATED:0910912024

.4 ' -,4:F. S l '\it o
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:.1.-ot:r, r,-..t,-.

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JUDGMENT

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MACMA.No.4090 of 2008

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PARTLY ALLOWING THE MACMA

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Pt
t/

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IN THE HIGH COURT FOR THE STATE^{OF TELANGANAAT HYDERABAD}

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MONDAY,THE NINTH DAY OF^SEPTEMBER TWO THOUSAND AND TWENTY^FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE^K.SURENDER

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MOTOR ACCIDENT CIVIL MIS^{CELLANEOUS APPEALNO:4O9O OF2OO8}

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Between:

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Ajmeera Chinna Suraiah,@ A.Suraiah^{S/o.Somla Occ:ForestBeat Officer,} Kbthaguda Range Fl/o. Chandraiahpalle^{Village BatchaNaik Thanda,} Narsampet Mandal,Warangal District.

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...AppellanU Claimant

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AND

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P. Nooka Raju , S/o. Porraju,^{aged Major Occ:BusinessFl/o. Near Mandal} School, Kakihada Road Kathipudi,^{Sankavaram Mandal, East Godavari} District.

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The Oriental lnsurance Company^{Limited, rep., by its Divisional Manager,} Divisional Office, at P.B.No. 65, Srikrishna^{Complex, Near Girls High} School, Kakinada.

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The Oriental lnsurance Company^{Limited, rep., by its Divisional Manager,} Divisional Office, at J.P.N.Road Warangal.

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..Respondents/Respondents

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Appeal filed under section^'173 of^{M.V Act, against the judgmenU-order} and decree made in M.V.O.P. No.^{370 of 2005 dated 6/6/2007 on th-6 file of} the court of the Chairman, Motor^{Accidents Claims Tribunal-cum-Vl} Additional District Judge (lll- Fast^{Track Court), Warangal at Mahabubabad.}

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ORDER:- This appeal coming on for^{hearingandupon-perusingthe} grounds of appeal, the Judgment- and Decree of the Lower^{Court and the} iraterial papeii in the suit- and upon^{hearingthe argumentsof Sri' A.} Anandam Acjvocate for the Appellant^and of^{Sri Chatla Madhu Advocate for the} RespondentNo.2&3

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Counsel for the Appetlant:^{SRl. G ANANDAM}

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Counsel for the Respondents: 2 &^{3: CHATLAMADHU}

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The Court doth Order and^{Decreeas follows:}

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That the Motor Accident Civil Misellaneous^Appeal be and^herebyis partly allowed enhancing the compensation awarded by the Tribunal from Rs. 21 ,0911- to Rs. 90,126 (^{Rupees Ninetythousandone hundred} and Twenty six).

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That the enhanced amount be and^{hereby shall carry interest} @^7.5o/" per annum from the date of petition till the date of realization.

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That the except the above enhancement the award of the^Tribunalbe and hereby shall remain same on all^{other aspects.}

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Sd/. A.V.S. PRASAD ASSISTANT REGISTNAR

//TRUE COPY//

SECTION OFFICER

To, '1 . The Chairman, Motor Accidents Claims Tribunal-cum-Vl Additional District Judge (lll- Fast Track Court), Warangal at Mahabubabad 2. fwo CD Copies. VGS

HIGH COURT

DATED:0910912024

DECREE

MACMA.No.4090 of 2008

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PARTLY ALLOWING THE MACMA

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9
il

Ajmeera Chinna Suraiah v. P. Nooka Raju and 2 Ors.

Case brief

What is this about?

What did the court decide?

Ajmeera Chinna Suraiah v. P. Nooka Raju and 2 Ors.

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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