Dr.M.Uday Kumar v. The Apsrtc,

[ 3208 I

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 SUDHA M.A.C.M.A.NOs: 1620 OF 2014 AND 2612 OF 2013 Appeals filed under section 173 of Motor Vehicles act, against the order and decree dated: 25.02.2013 passed in O.P.No. 923 OF 201 1 on the file of the Motor Vehicle Accidents Claims Tribunal-Cum-Xl Addl. Chief Judge (FTC), City Civil Court, Hyderabad.

M.A.C.M.A.NO:. 1620 OF 2014 Between:

Dr M.Uday Kumar, S/o M.Gandaiah, Occ: Associate Professor in Computer Sceience JNTU College of Engineering, Jagitiala, R/o MIG New Quarter No. 4450, Road No. 14, B.H.E.L. Hyderabad.

...APPE LLANT/PETITIONER 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. ...RESPONDENTS/RESPONDENTS Counsel for the Appellant: SRl. P RAMAKRISHNA REDDY Counsel for the Respondents: SRI THOOM SRINIVAS (SC FORTSRTC) M.A.C.M A.NO: 2612 OF 2013 Between:

1. The A.P.S.R.T.C., Rep. by its Managing Director, Musheerabad, RTC X Roads, Hyderabad.

2. The A.P.S.R.T.C., Rep. by its Depot Manager, Asifabad Depot, Medak District.

(Owners of the A.P.S.R.T.C bus bearing no.AP28AZ-6079) ...APPELLANTS/RESPONDENTS NO.

AND Dr. M.Uday Kumar, S/o. M. Gandaiah, age{ 35 years, Occ: Associate Professor, ln Compu[er Sceince, J.N.T.U. College of Engineering, Jagitiala, Resident of MIG, Ndw Quarter No. 4450, Road No. 14, B.H.E.L.' Hyderabad. ...RESPONDENT/PETITIONER MACMAMP. NO: 4993 OF 2013 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay the execution of the decree and all further proceedings passed in O.P.No. 923t2011, dated 25.02.2013 0n the file of the court of the Xl Additional chief Judge, City Civil Court, Hyderabad (Fast Track Court), pending disposal of the case.

Counsel for the Appellants: SRl. THOOM SRINIVAS (SC FOR RTC) Counsel for the Respondent: P RAMAKRISHNA REDDY The Court made the following: COMMON JUDGMENT

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.Nos.162O of 2Ol4 AND 2612 of 2Ol3 r-l COMMON JUDGMENT:

M.A.C.M.A.No.1620 of 2014 is filed by the injured/claimant against the judgment and decree dated 25.02.2013 passed in M.V.O.P.No.923 of 2011 on the file of the MACT-cum-XI Additional Chief Judge (FTC), CCC, Hyderabad. 2.

M.A.C.M.A.No.2612 of 2013 is frled by the R.T.C against the judgment and decree dated 25.02.2013 passed in M.V.O.P.No.923 of 2Oll on the Iile of the MACT-cum-XI Additional Chief Judge (F-fc), CCC, Hyderabad this appeal is frled.

3.

M.A.C.M.A.No.162O of 2014, is filed by Dr.M.Uday Kumar, who is the injured preferred this appeal stating that he met with an accident on O4.O9.2070. He stated that he is working as an Associate Professor in Computer Science in Jawaharlal Nehru Technological Universit5r, (for short UNTUJ, Jagital and he claimed of Rs.4,0O,O00/- towards compensation for the injuries sustained by him. But the trial Court after considering the oral and documentary evidence granted an amount of Rs.1,88,000/- witlr interest @ 7o/o per annum from the date of petition till the date of deposit. Aggrieved by the said order, the injured filed this appeal.

4.

In M.A.C.M.A.No. 1620 of 2074 it is mainly contended that the trial Court granted less compensation towards

transportation, extra nourishment' medical treatment' damage ofclothes,lossofearnings,painandSuffering,lossof amenities, inconvenience and pleasure' It is also held that the trial Court failed to apply the multiplier mettrod and requested the Court to modifY the order'

5.

Heard learned counsel for the claimant and learned Standing Counsel for R'T'C'

6.

In the appeal it is mainly contended that the injured aged about 35 years at the time of accident and also stated that he could not attend his duties at least for a period of six months as he sustained fracture of both bones of left leg and he also examined P.W'2/Doctor' It is further stated that he underwent tibia was done under spinal anesthesia on surgery of ILN certain medicines were prescribed to the 05.09.2O10 and petitioner and he was advised to come for review on 17'09'2010' Injured frled discharge summaries under Exs'P'3 and P 4' out patient prescriptions under Ex'P'S ' F;x'P'6labunch of 7 medical examination reports, Frx'P '7 labunch of eight (O8) medical bills' Ex.P.8/a bunch of advance payment receipts along with refund' Exs.P.9 and P. 1o/ proceedings along with application for medical reimbursement granted to them' Ex'P 1 1 / proceedings along with application of medical reimbursement dated 10.1O.2O11 and F;x'P'l2la bunch of X-rays'

7.

karned counsel for the appellant further stated that I injured was again admitted in the hospital on 10'09'2011 and surgery was performed to him for post-operalive interlocking nailing left tibia(removal) and he was discharged on l1'09'2011 and also stated that as per Ex.P.S he took trealment in Prarraam Hospital on 2O.O9.2OI1. An X-Ray was taken on left ankle was taken and the same was found to be satisfactory and the petitioner was advised to come for review after one month by prescribing some medicines to him. He also stated that as per the total bill he incurred Rs'90,905/-. The trial Court observed that out of Rs. 1,29,7801- an amount of Rs'64,859/- was granted by waY of reimbursement'

8.

Considering the nature of the injury, age of the injured and the other documents filed by him, this Court hnds it reasonable to grant an amount of Rs.65,00O/- towards Medical expenses, as petitioner sustained on grievous injury he is entitled for Rs.25,OO0/- towards loss occurred due to injuries ' The trial Court already granted an amount of Rs'30,0O0/- towards pain and suffering and Rs.30,OO0/ - towards loss of amenities and this Court finds that the trial Court rightly granted the amount and feels that no interference is required by this Court under these two heads. Apart from that, the petitioner is entitled an amount of Rs. 15,OO0/- towards t

\ Transportation, Rs.15,OO0/- towards attendants charges, Rs.15,000/- on loss of damaging of the cloths and Rs.20,000/_ towards Extra nourishments and. As petitioner was working as 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. However, the trial Court granted an amount of Rs.2O,00O/- towards loss of future earning capaciqz. This Court hnds it reasonable to grant an amount of at least two months salar5r under this head. Therefore, the petitioner is entitled for Rs. 1,4O,0O0/_ under this head.

9.

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

i For Injuries Rs.25,000/- Loss of Earnings Rs. r,4O,00O/- Pain and Suffering Rs.3O,000/- Loss of Amenities Rs.3O,O00/- Medical expenses Rs.65,O00/- For Transportation Rs.15,OOO/- For Damage of Clothes Rs. r5,oO0/- Attendants Charges Rs.15,0O0/- Extra nourishments Rs.2O,Oo0/- TOTAL Rs.3,55,OOO/-

M.A.c. M.A.No.L620 of20L4

10. In the result, this appeal is partly allowed by enhancing thecompensationfromRs'1'88'OOO/-toRs'3'55'OOO/- (Rupees Three lakhs Fifty Five thousand only) with interest at the rate of 7.5Vo per annum from the date of filing the petition titl the date of realization' Respondents No' I and 2 are jointly and severally liable to pay compensation within a period of one month from the date of this Judgment' On such deposit, petitioner is permitted to withdraw ttre entire amount along with interest accrued on it' There shall be no order as to costs M.A.c.M.A.Ito.26 L2 of 2O13

11. In view of the frndings in M'A'C'M'A'No' 162O of 2Ol4 the M.A.C.M.A.No -2612 of 2013 is dismissed' There shall be no order as to costs.

Miscellaneouspetitionspending'ifany'shallstand closed.

SD/-A.V.S.PRASAD ASSISTANT REGIS /,TRUE COPY// SECTION OFFICER To

1. The Motor vehicle Accidents claims Tribunal-cum-xl Addl. chief Judge (FTC), City Civil Court, Hyderabad.(With Records if any)- z. bne cc to snt. P RAMAkRISHNA REDDY, Advocate [oPUc]

5. on; cc io sni. c sUNILKUMAR REDDY (sc FoR APSRTC) Advocate loPUcl

4. Two CD Copies 5 Ore Cc +o SR TH00H Sflr'{lvA<, S. foR R-rL pr Lopuel s

1 \ HIGH COURT DATED: 2911212023 COMMON JUDGMENT MACMA.No.1620 OF 2014 AND MACMA.N o.2612 OF 2013 I flE $ l-.{ 7'{ ( A.

1 0 AFn 202+ EJ i, ,) i:.:1, \.-/ "

\*'.

'\:,i-- PARTLY ALLOWING THE MACMA.NO.1620 0F 2014 AND DISMISSING THE MACMA.NO.2612 0F 2013

[ 3208 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENry NINTH DAY OF DECEMBER TWO THOUSAND AND TWENWTHREE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA M.A.C.M.A.NOs: 1620 OF 201 4 AND 2612 0F 2013 M.A.C.M.A.NO-. 1620 0F 2014 Between:

Dr M.Uday Kumar, S/o M.Gandaiah, Occ: Associate Professor in Computer Sceience iNTU College of Engineering, Jagitiala, R/o MIG New Quarter No' 4450, Road No. 14, B.H.E.L. Hyderabad.

...APPELLANT/PETITION ER 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. ...RESPONDENTS/RESPONDE NTS Counsel for the Appellant: SRl. P RAMAKRISHNA REDDY Counsel for the Respondents: SRI THOOM SRINIVAS (SC FORSRTC) M.A.C.M.A.NO: 2612 OF 2013 Between:

1. The A.P.S.R.T.C., Rep. by its Managing Director, Musheerabad, RTC X Roads, Hyderabad.

2. The A.P.S.R.T.C., Rep. by its Depot Manager, Asifabad Depot, Medak District.

(Owners of the A.P.S.R.T.C bus bearing no.AP28AZ-6079) ...APPELLANTS/RESPONDENTS NO.

AND Dr. M.Uday Kumar, S/o. M. Gandaiah, aged 35 years, Occ: Associate Professor, ln Compuier Sceince, J.N.T.U. College o! Engineering, Jagitiala, Resident of MlG, Ndw Quarter No. 4450, Road No. 14, B.H.E.L., Hyderabad.

...RESPONDENT/PETITIONER Appeals filed under section 173 of Motor Vehicles act, against the order and decree dated: 25.o2.2o13 passed in o.P.No. 923 OF 2011 on the file of the Motor Vehicle Accidents Claims iribunal-Cum-Xl 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 in MACMA No.1620 of 2014 and Respondent in M.A.C.M.A.No.2612 of 2013 and of SRI THOOM SRINIVAS (SC FOR TSRTC), Advocate for the Respondents in MACMA.No.162O ot 2014 and for the Appellant in M.A.C.M.A.No.2612 of 2013.

This Court doth Order and decree as follows:

1. That the MACMA No.1620 of 2014 is partly allowed by enhancing the compensation from Rs.1,88,0001 (Qne-Lakh eighty eight thousand rupees onty) to Rs.3,55,0001 (Three Lakh Fifty five thousand only).with.interest at the iati'ot l.SY" per annirm from the ddte of filing the petition till the date of realization;

2. That the Respondents No.1 and 2 be and hereby are jointly.and severally liable to pay iompensation within a period of one month from the date of this judgment;

3. That on such deposit, petitioner is permifted to withdraw the entire amount along with interest accrued on it;

4. That the MACMA.No .2612 of 2013 be and hereby is dismissed;

5. That save as aforesaid, the decree of the Tribunal shall stand confirmed in all other respects; and

6. That there shall be no order as to costs in this appeal. SD/-A.V.S.PRASAD ASSISTANT REGISTRAR <' .,/ A\ t/ \J/ SECTION OFFICER //TRUE COPY// To 1 . The Motor Vehicle Accidents claims Tribunal-cum-Xl Additional chief Judge (FTC), City Civil Court, Hyderabad.

2. Two CD Copies pr g

/ HIGH COURT I DATED: 2911212023 I COMMON DECREE MACMA.No.1620 OF 2014 AND MACMA.No.2612 OF 2013 PARTLY ALLOWING THE MACMA.NO.I620 0F 2014 AND DISMISSING THE MACMA.NO.2612 0F 2013 cr(u