S. Viswanadha Raju v. The Apsrtc.,

[ 3208 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENry THREE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUOHA M.A.C.M.A. NOS: 14 OF 2014 AND 1456 0F 2013 1 6 M.AC.M.A NO: 1416 OF 2014 Appeal filed under Section 173 of motor Vehicles Act against the Order dated 30.08.2012 passed in MVOP.No.157 ol 2011 on the fite of the cou( of the Motor Vehicles accidents Claims Tribunal cum XIV Additional Chief Judge (FTC), City Civil Courts, Hyderabad.

Between:

S. . Viswanadha Raju, S/o. Late Chinnappa Raju, Occ: professor in Computer Science, JNTU College of Engineering Jagitiala, R/o. plot No. 1005, L.l.G. lll phase, Near Kanaka Durga Temple, K.P.H.B.Colony, Hyderabad - SOO 072. ...APPELLANT

1. The APSRTC.,, Rep., by its Managing Director, Musheerabad, RTC X Road, Hyderabad.

2. The APSRTC.,, Rep., by its Depot Manager, Asifabad Depot, Medak District ...RESPONDENTS Counsel for the Appellant: SRI P. RAMAKRISHNA REDDY Counsel forthe Respondents: SRt THOOM SRIN|VAS, SC FOR RTC M.A.C.M.A. NO: 1456 OF 2013 Appeal filed under Section 173 of motor Vehicles Act against the Order dated 30.08.2012 passed in MVOP.No.157 ot 2011 on the file of the court of the Motor Vehicles accidents Claims Tribunal cum XIV Additional Chief Judge (FTC), City Civil Courts, Hyderabad.

Between:

1. The APSRTC, Rep by its Managing Director, Musheerbad, RTC X Road, Hyd.

2. The APSRTC, Rep by its Depot Manager, Asifabad Depot, Medak Dist. ...APPELLANTS/RESPONDENTS

Dr S.Viswanadha Raju, S/o Late Chinnappa Raju, Occ _ professor.in Computer science, JNTU coilege of Engrneenng, L"iitirrr,iloEot No..roo5, L.r.G il phase, Near Kanka Durga Tempte, X.n.U A Cotoriy, ff yO"r"O"J-LOoOZZ ...RESPONDENT/PETITIONER Counsel for the Appellants: SRI THOOM SR|N|VAS, SC FOR RTC Counsel for the Respondent: SRI p. RAMAKRISHNAREDDy The Court delivered the following: COMMON JUDGMENT

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.Nos. 1416 OF 20 4 AND 1456 of2O13 coMMON JUDGMENT:

M.A.C.M.A.No.14 i6 of 2O14 is filed by the appellant against the judgment and decree dated 30.08.2012 passed in M.V.O.P-No. 157 of 201 I on the lile of the Motor Vehicles Accidents Claims Tribunal-cum-XIV Additional Chief Judge (F*fC), City Civii Courts, Hyderabad.

2.

M.A.C.M.A.No.1456 of 2O13 is filed by the R.T.C against the judgment and decree dated 30.O8.2072 passed in M.V.O.P.No.l57 of 2Ol I on the file of the Motor Vehicles Accidents Claims Tribunal-cum-XlV Additional Chief Judge (FTC), City Civil Courts, Hyderabad this appeal is filed. 3.

M.A.C.M.A.No.1416 of 2O14, is hted by Dr.S.Viswanadha Raju/the injured stating that he met with an accident on 04.O9.2O7O. He further stated that he is working as a professor in Jawaharlal Nehru Technological University, (for short UNTU), Jagital and he claimed of Rs.3,0O,O0O/ towards compensation for the ir-rjuries sustained by him. But the trial court after considcring the oral and documentary evidence granted only an amount of Rs.I,36,0O0/_ with interest Q4 7.5% per annum from the date of petition till rhe date of deposit. Aggrieved by the said order, the injured filed lhis appeal.

4.

In M.A.C.M.A.No.l4i6 of 2Ol4 it rs mainly contended that the trial Court granted less compensation towards

i transportation, extra nourishment, medical t rcatment, damage of clothes, loss of earnings, pain ar-rd sufferir-r.g, loss of amenities, inconvenience and pleasure.

5.

Heard learned counsel for the zrltpellant and learned Standing Counsel for R.T.C.

6.

He cxamined p. W.2 as doctor and he stated that the petitioner came to their hosprtal with history of Roa cl Traffic Accident on 04.O9.2O\O and he was admitted zrnd treated as inpatient. The petitioner sustaincd polytr:ruma lvith soti tissue injury face. Displacc communited fracture in poslerior r:olumn of left Acetabulum. He managed the patient with skin traction and becl rest for the fracture of Acet:rbulum. 1'he 1;zLtient discharged on 08.09.2010 witl'r an advice of bed rcst 1br six weeks arrd also regular medication and advised hinr to 13o for followup treatment. P-W.2 furtl-rer stated that the above i:'luries sustained by him are grievous in nature. Ex.A.13 was issut:d by him, he sustained 2Oo/o disability which is p:r r{ iirl and permanent in natr.rre.

He followed the guidelines of Mc-Elride Scale while issuing the disability certificate to 1.ht: patient trxs.A.3 to A.6 rvere issued by their hospital trx.A l5/X-rays is taken by tl-re petitioner as per his advice Ex'A' 1l)/clisability certillcate issued by him, on cxamining thc pationt clinically and radiologicaily.

-) dicl not conduct any surgery to the petitioner and the petitioner has not come for followup treatment in his OP Clinic' 7 .

In the appeal it is mainly contended that the injured aged about 38 years at the time of accident and also stated that he could not attend his dutles at least for a periorl of six months due to injunes sustained bY him'

8.

Considering the nature of the injury' age of the injured and the other documents filed by him' this Court frnds it reasonable to grant an amount Rs-3O'000/- towards injuries' The petitioner claimed Rs 1'00'000/- for medical expenses out of which the trial Court granted an amount of Rs 95'000/-' Therefore, this Court is not granting any amount towards medical expenses' Apart from that' the petitioner is entitled an of amenities, Rs'30,000/- amount of Rs'30'000/- for loss Rs.15,000/- towards towards Paln and suffering, TransPortation, Rs.15,000/ towards attendants charges'

Rs.15,0OO/- on loss of damaging of the cloths and Rs 20'000/- towardsExtranourishmentsand.Aspetitionerwasworkingas a Associate Professor and he is earning Rs'7O'OOO/- per month due to injuries sustained by him he might not have attended his duties for a Period of six months AS he availed entire leave facilities. Therefore, this Court finds it reasonable to grant an amountofatleasttwomonthssalaryunderthishead.

I Therefore, the petitioner is entitled for Rs. i,40,OO0/_ under this heacl.

9.

Therefore, appellant/injured ls entiflecl for the compensation in the following terms I For In.;uries Rs.2 5,o(to / _ Loss of Earntngs Rs.1 ,4O,ooo / - Pain and Suffering Rs.3 o,ooo / Loss of Amenities s.3O,OO0/- R For Transportadon s.15,O00l R For Damage of Clothes Rs.15 ,ooo / Attendants Charges Rs. 15,000/ --- Extr'a nourishments s .2{),OOO / R TOTAL Rs.2,9O,OOA/1 M.A.C.M.A.No.l4 76 of 2074 In the result, this appeal is partly allowed b-v cnhancing compensation from Rs.l,36,OOO/_ to Rs.2,9O,OOO/_ (Rupees Two rakhs Ninety thousand onry) with rnterest at the rate of 7 .5o/o per annum from the date of filing the pe tition till the date of realization. Respondents Nos.1 and 2 are Jointh. and severally liable to pay compensation and directed to deprosit the entire amount within a period of one rnonth from the the date of this Judgment. On such deposit, petitioner is I I I

permittecl to withdraw the entire amount along with interest accrued on it. There shall be no order as to costs' M.A.C .M.A. No.1456 of 2OL3 I 1. This appeal is filed by R.T.C contending that the trial Court passed award without taking into consideration the contributory negligence on the part of the driver of the car in which the injured was traveling and also contended that the interest was erroneously granted in not examining the Exs'A I to A. 15. Therefore, requested this Court to modify the award passed bY t he trial Court '

12. In view of the findings in M.A.C.M.A.No.1416 of 2014 the M.A.C.M.A.No.1456 of 2013 is dismissed. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

sd/- A.v.s.P ASSISTANT REGI EAseo $rnen //TRUE COPY// s SECTION OFFICER \ To,

1. The Chairman, Motor Accident Claims Tribunal-cum-XlV Additional Chief Judge (FTC), City Civil Courts, Hyderabad.(with records)

2. One CC to Sri P. Ramakrishna Reddy, Advocate [OPUC]

3. One CC to Sri C Sunilkumar Reddy, S.C. For APSRTC, Advocate [OPUCI

4. Two CD CoPies Plp/gh

, , HIGH COURT DATED:2911212023 COMMON JUDGMENT MACMA.No.1416 of 2014 MACMA.No.1456 of 2013 +t, gTA'rE 9 tB t[\ Nt :1 l + .!.-,r:sPAl .r'(t j/'

PARTLY ALLOWING THE APPEAL No.1416/14 DISMISSING THE APPEAL No.1 456/201 3 WITHOUT COSTS.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENry NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTTCE P.SREE SUDHA M.A.C.M.A. NOS: 1416 OF 2014 ANO {456 oF 2013 M.A.C.M.A. NO: 14'16 oF 2014 Between:

Raju, S/o. Late Chinnappa Raiu, Occ: Professor in Computer ollege of Engineering Jagitiala, Rlio. Plot No. 1005, L.l G. lll Phase, S. Viswanadha Science, JNTU C Near Kanaka Durga Temple, K.P.H.B.Colony, Hyderabad - 5O0 072 ...APPELLANT

3. The APSRTC.,, Rep., by its Managing Director, Musheerabad, RTC X Road, Hyderabad.

4. The APSRTC.,, Rep., by its Depot Manager, Asifabad Depot, Medak District ...RESPONDENTS Appeal filed under Section 173 of motor Vehicles Act against the Order dated 30.08.2012 passed in MVOP.No.157 ol 2011 on the file of the court of the Motor Vehicles accidents Claims Tribunal cum XIV Additional Chief Judge (FTC), City Civil Courts, Hyderabad.

ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material paper in the case and upon hearing the arguments of Sri P. Ramakrishna Reddy, Advocate for the Appellant and of Sri Thoom Srinivas, Standing Counsel for RTC, for Respondents.

M.A.C.M.A. NO: 1456 OF 2013 Between:

1 . The APSRTC, Rep by its Managing Director, Musheerbad, RTC X Road, Hyd.

2. The APSRTC, Rep by its Depot Manager, Asifabad Depot, Medak Dist' ...APPELLANTS/RESPONDENTS

Dr. S.Viswanadha Raiu. S/o Late Chinnappa Raju, Occ - professor in Computer science, JNTU Coileoe of F1.o1r991ing, llbitirla ruoEot No 1005, L.t G 1t phase. Near Kanka Durga rempte, xlp. n. a.i"["i,'il;;;;:d:50007, ...RESPONDENT/PETITIONER Appeal filed under Saction^173 of motor Vehicles Act against the Order dated 30 08 201 2 oassed in MVop.No. i 5i'"?ioir"""" ,ne fire of the court of the 8,?J%,yiiuff J?,l'o:?S,"J,;"i..i;;;ffi 'x?'e"Jlirion"rchierJudge(Frc), ORDER: These appeals coming on_for hearing and upon perusrng the grounds of appeat, the Judgment and Decr-ee "r tn" i"*.i i"r*Tio ,n" materiat paper in the case and upon hearino the arguments of Sri Thoom irinirrr, Standing Counsel for Rrc ror the ApperantJano or iri i. ia,i;k;i;;;"Fi;;;:,,Adro""tu for Respondent. This Court doth order and decree as follows:

' Jlfli!:#^cMANo1456 ot 2013 rired bv the Rrc be and hereby is

2. That the M.A.C.M.A.N 0.1416 of 2014 tited by the Appe,ant be and herebv is partty alowed bv enhancing th" ";;#;;t,:onriro. Rs. 1,36,000/_ ro Rs.2,90,000r (Ruiees Two ra-khs r.ri^"iv in"r"i*"i onry) with interest at the iZ_liJfil.?"n per annum rrom rhe ;;i;';;;il ;""'p"iition rrr ihe-aaL.oi

3. That the Respondent Nos.1 and 2 be and hereby are joinfly and severally tiabte to pay compensation ano oirecteoioi"'rlrtinl enrrre amount within e . period of one month from the date of this ira"rl""i: "'" o llfj "l such deposit, eeJjlo-,1::;; il';;#;;:

permitred to wirhdraw the _ enrrre amount along with interest accrued on it-inj '-'

5. That there shall be-no order as to costs in ifreselplpears or.,.',1#';ESSPiR //rRuE coPY// --\A/'."

SECTION OFFICER To, The Charrman, Motor Accident Claims Tribunal_cum-XlV Additional Chief Judge (FTC), City Civit Courts, Hyderabad.

Two CD Copies Plp/gh l rc i l

/ HIGH COURT DATED:2911212023 COMMON JUDGMENT+DECREE MACMA.No.1416 ot 2014 MACMA.No.1456 of 2013 PARTLY ALLOWING THE APPEAL No.1416/14 DISMISSING THE APPEAL No.I456/201 3 WITHOUT COSTS.

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