Lanka Malikarjun Reddy vs K. Srinivas

Citation : 2026 Latest Caselaw 119 Tel
Judgement Date : 26 March, 2026

[Cites 0, Cited by 0]

Telangana High Court

Lanka Malikarjun Reddy vs K. Srinivas on 26 March, 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.377 of 2019


                           DATE: 26.03.2026
Between:
Lanka Mallikarjun Reddy.
                                                           .....Appellant
                                 AND
K. Srinivas and another.
                                                        ....Respondents

                             JUDGMENT

This appeal is filed by the appellant/claimant challenging the award and decree dated 27.02.2018 passed in M.V.O.P.No.893 of 2013 by the Motor Accidents Claims Tribunal-cum-Special Sessions Judge for Trial of Cases Under SCs and STs (POA) Act, 1989-cum-VII Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar (for short "the Tribunal"), whereby the Tribunal awarded a compensation of Rs.2,00,000/- with interest at 7.5% per annum from the date of petition till realization against the claim of Rs.5,00,000/- for the injuries sustained by the appellant in a motor vehicle accident.

2. Heard the submissions of learned counsel for both sides and perused the record.

2

3. The learned Counsel for the appellant/claimant contended that the Tribunal failed to award just and reasonable compensation despite the grievous nature of the injuries. It is argued that the appellant, a Senior Chemist, suffered a communited fracture of the left femur and multiple lacerations, requiring surgery for rod insertion and bone grafting. It is contended that the Tribunal failed to properly consider the loss of future earnings and the high percentage of disability assessed by the medical expert.

4. On the other hand, the learned Standing Counsel for the respondent No.2/Insurance Company contended that the Tribunal has already awarded a just compensation based on the available evidence. It is argued that the evidence regarding income and disability was not fully authenticated, as the appellant failed to produce an authorization letter from the employer for the salary certificate and the disability assessed by the private doctor appeared excessive.

5. As seen from the material placed on record, the accident occurred on 14.08.2006 involving a private bus bearing No. AP-16-TV- 3030. The appellant sustained a lacerated wound on the nose, a lacerated wound on the back, and a communited fracture of the left femur, necessitating a 10-day inpatient stay at KIMS Hospital for surgery and internal fixation. There is no dispute regarding the 3 manner of the accident or the involvement of the crime vehicle. The primary grievance of the appellants is the inadequate quantum of compensation. This Court is of the view that the amounts awarded by the Tribunal are low and require enhancement to meet the standard of "just compensation". Accordingly, for the three simple injuries and one major fracture, the compensation is enhanced to Rs.1,20,000/-, and the amount for shock, pain, and suffering is increased to Rs.50,000/-. The medical expenses, investigations, and treatment charges are confirmed at Rs.95,000/-. Furthermore, the appellant is entitled to Rs.30,000/- for extra nourishment, Rs.15,000/- for attendant charges, and Rs.10,000/- for transportation. Given the necessity of another surgery to remove the steel rod, the amount for future surgery is enhanced to Rs.50,000/-. For the loss of earnings during the three- month recovery period, this Court confirms the sum of Rs.28,500/- based on a monthly income of Rs.9,500/-. Thus, the total compensation comes to Rs.3,98,500/-.

6. In the result, this appeal is partly-allowed and compensation awarded by the Tribunal is enhanced from Rs.2,00,000/- to Rs.3,98,500/- with interest @ 7.5% per annum from the date of claim petition till the date of realization. The remaining terms and conditions imposed by the Tribunal shall stand unaltered. No order as to costs.

4

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE C.V.BHASKAR REDDY Date: 26.03.2026 SCS