Telangana High Court
Sahad Begum vs M. Venkatesh on 20 August, 2025
THE HONOURABLE SMT. JUSTICE RENUKA YARA
M.A.C.M.A.No.352 of 2023
JUDGMENT:
Heard Sri M. Vishnu Vardhan Reddy, learned counsel for the
appellant. In spite of giving sufficient opportunity none appeared and there
is no representation for the respondents. Perused the entire record.
2. This is an appeal preferred by the appellant/petitioner aggrieved by
the compensation awarded by the learned Chairman, Motor Accidents
Claims Tribunal-cum-Principal District Judge at Wanaparthy, in
M.V.O.P.No.11 of 2021, dated 26.12.2022, wherein the compensation of
Rs.25,000/- along with interest at 6% per annum was awarded in a claim
petition filed seeking compensation of Rs.2,00,000/-, on account of injuries
sustained by her in a road traffic accident.
3. The appellant is injured, respondent No.1 is driver, respondent No.2
is owner and respondent No.3 is insurer of the offending vehicle i.e., tractor
bearing No.TS 32 T 1000. On 19.02.2019 at about 18:30 hours, the
appellant was going to Ambedkar Chowk, Wanaparthy, on some personal
work and while crossing road, one water tractor bearing No.TS 32 T 1000
driven by respondent No.1 in rash and negligent manner dashed her
resulting in severe bleeding injuries to head and left leg. She was shifted to
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Government Area Hospital, Wanaparthy, and from there to Gandhi
Hospital, Hyderabad, for better treatment. On account of the expenses
incurred due to the injuries sustained in the accident, claim petition was
filed seeking compensation of Rs.2,00,000/- with interest from the
respondents jointly and severally.
4. The appellant got examined herself as P.W.1 and got exhibited
Exs.A-1 to A-8. Respondents did not examine any witness and also did not
mark any documents on their behalf. Upon examining the evidence
adduced by the appellant, the Tribunal awarded compensation of
Rs.25,000/- with interest at 6% per annum leading to filing of the present
appeal.
5. In grounds of appeal, the appellant pleaded that she was a housewife
as well as labourer earning Rs.10,000/- per month and that she was hale
and healthy aged about 60 years at the time of the accident. She sustained
fracture injury of 1st metatarsal of foot and is unable to do even her routine
daily work. Ex.A-3 wound certificate was issued by the doctor and the said
document shows that the appellant is unable to do regular work. On the
basis of the aforementioned grounds enhancement is sought.
6. As per Ex.A-3 wound certificate, the appellant sustained one
grievous injury of fracture of 1st metatarsal of foot for which compensation
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of Rs.25,000/- is to be awarded and there was one simple injury to head for
which an amount of Rs.5,000/- is awarded towards pain and suffering. The
appellant was treated at Government Area Hospital at Wanaparthy and also
at Gandhi Hospital, Hyderabad. Therefore, no amount can be awarded
towards medical treatment. The appellant is entitled to payment of
Rs.3,000/- towards extra nourishment and Rs.2,000/- towards
transportation charges. There is no evidence about permanent disability as
such no compensation can be awarded on the said count.
7. As per the police record, no information is available about the
avocation of the appellant, who is aged about 60 years belonging to Muslim
community. On the bona fide belief that the appellant was working as
labourer her notional income in the year 2019 is taken at Rs.7,000/- per
month and an amount of Rs.42,000/- is awarded towards loss of earnings
for six months of time that may have been taken for healing of the fracture
of 1st metatarsal of foot and resuming the labour work.
8. The appellant is awarded Rs.25,000/- towards one grievous injury,
Rs.5,000/- towards pain and suffering, Rs.3,000/- towards extra
nourishment, Rs.2,000/- towards transportation charges and Rs.42,000/-
towards loss of earnings for six months, which comes to Rs.77,000/-.
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9. In the result, M.A.C.M.A. is partly allowed and the compensation
amount awarded by the Tribunal is hereby enhanced from Rs.25,000/- to
Rs.77,000/- with interest at 9% p.a. on the enhanced amount from the date
of petition till the date of realization payable by the respondents jointly and
severally. On deposit of the enhanced compensation, the appellant is
permitted to withdraw the entire amount, without furnishing any security.
There shall be no order as to costs. Miscellaneous Petitions, if any, pending
in this appeal, shall stand closed.
_________________
RENUKA YARA, J
Date:20.08.2025
GVR
