K.Vasanth Kumar, v. The Apsrtc,

IN THE HIGH GOURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIOENT CIVIL MISCEL LANEOUS APPEAL NO: 2739 OF 201l Appeal Under Section 173 of Motor Vehicles Act, against the Award and decree dated 11-09-2012 passed in o.P.No.162 ot 2011 on the file of the court of the Chairman, Motor Accidents Claims Tribunal --cum- Xl Additional Chief Judge (FTC), City Civil Court, Hyderabad.

Between:

K.Vasanth Kumar,, S/o. K.Varadarshi, Occ: Assistant Professor in Mechanical Engineering, JNTU College of Engineering, Jagitiala, Resident of Plot No.26, Road No.3, Vasavi Colony, Saroornagar, Hyderabad. ...Appellant AND 'L The APSRTC,, Rept., By its Managing Director, Musheerabad, RTC'X' Roads, Hyderabad.

2. The APSRTC, Rept. by its Depot Manager, Asifabad Depot' Medak District Owner of the APSRTC, Bus bearing NO. AP 28 24955

...Respondents

Counsel for the Appellant: Sri. P. Ramakrishna Reddy Counsel for the Respondents: Sri. Thoom Srinivas (SC FOR RTC) The Court delivered the following: JUDGMENT

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No.2739 of 2Ol4 JUDGMENT:

This appeal is filed by the injured/ claimant against the judgment and decree dated ll.Og.2012 passed in M.V.O.P.No.162 of 2O1l on the file of the MACT-cum XI Additional Chief Judge (FTC), CCC, Hyderabad. 2.

This appeal, is filed by Mr.K.Vasanth Kumar, who is rhe injured preferred this appeal stating that he met with an accident on O4.O9.201O. He stated that he is working as an Assistant Professor in Mechanical Engineering in Jawaharlal Nehru Technological University, (for short UNTU,), .Jagiral as hc is earning Rs.25,OO0/- per month as on the date of accident and he claimed of Rs.2,O0,0OO/- towards compensation for the injuries sustained by hirn. But the trial Court after considering the oral and documentary ewidence granted an amount of Rs.97,0OO/- with interest @ 7o/o per annum from the date o[ petition till the date of deposit. Aggrieved by the said order, the injured filed this appeal.

3.

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

4.

In the appeal it is mainly contended that the injured aged about 38 years at the time of accident and also stated that he sustained polytrauma with scalp and forehead armlsion injury, fracture 5h metatarsal and PPX left little finger and other injuries all over his body. The petitioner further stated that he was treated as in-patient from 04.O9.2O 10 to 08.09,2O1O and was discharged with an advise to come for review after one week and also advised to take complete medication and total bed rest. He had incurred more than Rs.50,O0O/- towards medical treatment and he was to undergo further treatment. By the date of fiting the petition the petitioner was undergoing periodical medical treatment. He was getting a monthly salary of Rs.25,OOO/- as Assistant Professor in Mechanical trngineering in JNTU, Jagityala. He is senior employee of JNTU. 5.

He firled Ex.A.3 is the certified copy of injury certihcate issued by Yashoda Hospital, Ex.A.4 is the discharge card along with complete medical record issued by Yashoda Hospital, trx.A.S is the bunch of oul-patient keatment record issued by Yashoda Hospital, Ex.A.6 is the bunch of eight medical bills, Ex.A.7 is the bunch of three X-rays pf the petitioner. 6.

He further stated that he incurred an amount of Rs.66,655/ - towards medical treatment including

physiotherapy. From Ex.A.4 it is clearly stated that a surgery was performed to the petitioner with debriment + repair + reduction of splinting left hand were done under general anaesthesia on O5.O9.2O10. According to him it is stated that out of Rs.75,O00/- incurred by him, an amount of Rs.4O,OOO/- was reimbursed.

7.

Considering the nature of the injury, age of the injured and the other documents filed by him, this Court finds it reasonable to grant an amount of Rs.35,OOO/- towards Medical expenses, as petitioner sustained three grievous injuries he is entitled for Rs.50,00O/- towards loss occurred due to injuries. Apart from that, the petitioner is entitled an amount of Rs.20,OO0/- towards pain and suffering, Rs.20,OO0/- towards loss of amenities, Rs.15,00O/- towards Transportation, Rs. l5,OO0/- towards attendants charges, Rs. 15,0OO/- on loss of damaging of the cloths and Rs. 15,OOO/ - towards Extra nourishments and. As petitioner was working as an Assistant Professor and he is earning Rs.25,OO0/- per month due to injuries sustained by him he might not have attended his duties for a period of six months as he fully availed the leave facility. Therefore, this Court finds it reasonable to grant an amount of

at least two months salary under this head. Therefore, the petitioner is entitled for Rs.50,0O0/ - under this head. 8.

Therefore, appellant/ injured is entitled for the compensation in the lollowing terms:

I For Injuries Rs.so,OOO/- Rs.5O,O0O/- Loss of Earnings Pain and Suffering Rs.20,O0O/- Loss of Amcnities Rs.2O,OOO/- Medical expenses Rs.35,O0O/- For Transportation Rs. 15,OOO/- For Damage of Clothes Rs.l5,OOO/- Attendants Charges Rs. 15,OOO/- Extra nourishments Rs. 15,OOO/- TOTAL Rs.2,35,OOO/- 9.

In the result, this appeal is allowed by enhancing the compensation from Rs.97,OOO/- to Rs.2,3S,OOO/- (Rupees Two lakhs Thirty Five thousand only) with interest at the rate of 7.5%o per annum from rhe date of Iiling the petition till the date of realization. Rcspondents No. I and 2 are jointly and severally liable to pay compensation rvi thin a period of one month from the date of this Judgment. On such deposit, petitioner is permitted to withdrau, the entire arnount

) along wilh interest accrued on it. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

Sd/- MOH D. SANAULLAH ANSARI ASSISTANT REGIS R I /ITRUE COPY// SECTION OFFICER To, . The Chairman, Motor Accidents Claims Tribunal --cum- Xl Additional Chief LuJge (FTC), City Civil Court, Hyderabad'

b;;ed to 'sri. i. Ramakrishna-ReddY' Advocate^[oPUCl . o;; aa io sti. rnoo* Srinivas (SC FoR RTC) [oPucl . Two CD CoPies \*\X R PS

HIGH COURT DATED: 2911212023 ATE OF 1s& :) \$ \\\ * i.'

JUDGMENT

MACMA.No.2739 of 2014 ALLOWING OF THE MACMA WITHOUT COSTS.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER ' "'-'iwo rnousAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA ous APPEAL NOT 2739 0F 2014 MOTO R ACCID ENT CIVIL MISCELLANE Between:

K.Vasanth Kumar,, S/o. K'Varadarshi' Occ: Assistant Professor in Mechanical Engineering, JNTU Coltege of Engineering' Jagitiala' Resident of Plot No'26' Road No. 3, Vasavi Colony, Saroornagar' Hyderabad' ...Appellant AND

1. The APSRTC,, Rept., By its Managing Director' Musheerabad' RTC X Roads' Hyderabad.

2. The APSRTC, Rept' by its Depot Manager' Asifabad Depot' Medak District' Owner of the APSRTC, Bus bearing NO' AP 28 Z4955

...Respondents

Appeal Under Section 173 of Motor Vehicles Act' against the Award and decree dated 11-09-2012 passed in O'P'No 162 of 2011 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal -cum- XI Additional Chief Judge (FTC)' City Civil Court, 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 papers in the case and upon hearing the arguments of Sri' P' Ramakrishna Reddy' Advocate for the Appellant and of Sri' Thoom Srinivas (SC FOR RTC)

This Court doth Order and Decree as follows:

1. That the Motor Accident Civil Miscellaneous Appeal be and hereby is allowed by enhancing the Compensation from Rs.97,000/- to Rs.2,35,0001 (Rupees Two lakhs Thirty thousand only) with interest at the rate of 7.5o/o per annum from the date of filing the petition till the date of realization;

2. That the Respondent Nos.1 and 2 be and hereby are Jointly and Severally liable to pay Compensation within a period of one month from the date of this Judgment;

3. That on Such deposit, Petitioner is be and hereby permitted to withdraw the entire amount along with interest accrued on it; and

4. That there shall be no order as to costs in this appeal. Sd/- MOHD. SANAULLAH ANSARI ASSISTANT REGISTRAR To, 3cc1\o st o(;?t ce (.- 1.' The Chairman, Motor Accidents Claims Tribunal -+um- Xl Additional Chief Judge (FTC), City Civil Court, Hyderabad.

2. Two CD Copies PSR

HIGH COURT DATED: 2911212023 DECREE MACMA.N o.2739 ot 2014 ALLOWING OF THE MACMA WITHOUT COSTS.