Telangana High Court
Thati Somaiah vs Angidi Yakambaram on 1 April, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
M.A.C.M.A.No.658 of 2019
DATE: 01.04.2026
Between:
Thati Somaiah
.....Appellant
AND
Angidi Yakambaram and three others
....Respondents
JUDGMENT:
This appeal is filed by the appellant-claimant under Section 173 of the Motor Vehicles Act, 1988, aggrieved by the order and decree dated 19.12.2018 passed in M.V.O.P.No.291 of 2017 by the Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, Warangal (for short "the Tribunal"), wherein a total compensation of Rs.2,64,000/- was awarded for the injuries sustained by the claimant in a motor vehicle accident.
2. The brief facts of the case are that on 16.11.2016, while the appellant-claimant was proceeding as a pillion rider on a motorcycle bearing No.AP36-AJ-1320 and when they reached near Durgamma Temple, Theegala Thanda, the driver of a Toyota car bearing No.TS08- UB-6824 drove the vehicle in a rash and negligent manner and hit 2 the motorcycle from behind, as a result of which the appellant- claimant fell down and sustained grievous injuries, including crush injury to his right leg resulting in amputation above the knee, fracture of right forearm and other multiple injuries. He was initially treated at MGM Hospital, Warangal, and thereafter at Guardian Hospital, where he underwent surgery. Claiming that he was aged about 55 years and working as an agriculturist earning Rs.6,000/- per month, he filed the aforesaid claim petition before the Tribunal seeking compensation of Rs.10,00,000/-. The Tribunal, upon appreciation of oral and documentary evidence, held that the accident occurred due to rash and negligent driving of the driver of the offending car and awarded a total compensation of Rs.2,64,000/- together with interest @ 7.5% per annum from the date of petition till realization. Aggrieved thereby, the appellant-claimant filed the present appeal seeking enhancement of compensation.
3. Learned counsel for the appellant-claimant contends that the Tribunal erred in taking the income at Rs.3,000/- per month despite the specific evidence that the appellant-claimant was an agriculturist earning Rs.6,000/- per month; the compensation awarded under various heads is on the lower side, particularly having regard to the fact that the claimant suffered amputation of right leg above knee 3 resulting in permanent disability; and hence, prayed for enhancement of compensation.
4. On the other hand, learned Standing Counsel appearing for respondent No.4-Insurance Company supported the award passed by the Tribunal.
5. It is not in dispute that the accident occurred due to the rash and negligent driving of the driver of the offending car and that the claimant sustained grievous injuries including amputation of his right leg above knee. The said finding of the Tribunal has attained finality.
6. Coming to quantum of compensation, as regards the income of the appellant-claimant, though no documentary evidence is filed, it is to be noted that the accident occurred in the year 2016 and the claimant was an agriculturist. In such circumstances, taking the monthly income at Rs.6,000/- as claimed by the claimant would be just and reasonable. Thus, the loss of earnings due to disability, as assessed by the Tribunal, by taking into account the income at Rs.6,000/-, comes to Rs.1,26,000/- (Rs.6,000/- X 12 X 25% X 7). Insofar as compensation under the head "injuries, shock and pain and suffering" is concerned, the Tribunal awarded Rs.1,00,000/-, which, in the considered opinion of this Court, is on the lower side. 4 Having regard to the grievous nature of injuries and amputation, the same is enhanced to Rs.1,50,000/-. With regard to loss of earnings, the Tribunal awarded Rs.36,000/- by taking income at Rs.3,000/- per month. By taking the income at Rs.6,000/- per month and considering that the claimant would have been out of work for a considerable period, this Court deems it appropriate to award Rs.72,000/- towards loss of earnings. Further, the Tribunal granted a consolidated sum towards medical expenses and incidental charges. The medical expenses awarded by the Tribunal at Rs.63,195/- are based on bills and the same are confirmed. However, the Tribunal has not properly awarded amounts towards extra nourishment and transportation. Considering the nature of injuries and period of treatment, this Court deems it appropriate to award Rs.30,000/- towards extra nourishment and Rs.20,000/- towards transportation. Thus, the appellant-claimant is entitled to a total compensation of Rs.4,61,195/- (Rs.1,26,000/- + Rs.1,50,000/- + Rs.72,000/- + Rs.63,195/- + Rs.30,000/- + Rs.20,000/-), which is rounded off to Rs.4,62,000/-
7. In the result, the appeal is partly allowed, enhancing the compensation awarded by the Tribunal from Rs.2,64,000/- to Rs.4,62,000/- with interest @ 7.5% per annum from the date of 5 petition till realization. The remaining terms and conditions of the Tribunal shall stand unaltered. No order as to costs.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY Date: 01.04.2026 JSU