[Cites 3, Cited by 0]
Telangana High Court
N. Naveen Kumar vs Premnagesh Reddy And Another on 2 December, 2025
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
MACMA No.1717 of 2019
DATE: 02.12.2025
Between:
N. Naveen Kumar
.....Appellant
AND
Premnagesh Reddy and another.
....Respondents
JUDGMENT:
This appeal, under Section 173 of the Motor Vehicles Act, 1988,
is filed by the appellant-injured challenging the award dated
18.02.2011 passed in M.V.O.P.No.806 of 2006 by the Motor Accidents
Claims Tribunal-cum-IX Additional Chief Judge (FTC), City Civil
Court, Hyderabad, whereby the Tribunal awarded total compensation
of Rs.25,000/- with interest at 9% per annum in favour of appellant-
claimant for the injuries sustained by him in a motor vehicle accident.
2. The brief facts of the case are that on 21.11.2004 at about
11:00 PM, the appellant-claimant along with his friends viz., Akash,
Uday and H. Shah was proceeding by walk on the road towards
M.M.R. Gardens, Old Bowenpally, Secunderabad. While-so, one
Maruti car bearing No.AP-09-D-9551 (hereinafter referred as "Crime
Vehicle") came at high speed and in a rash and negligent manner and
hit the claimant and his friend Akash from behind, due to which, they
fell down and received fracture injuries. It is stated that the appellant
received head injury and 9 sutures were put to his head and his right
hip was dislocated. Immediately, the appellant was shifted to Apollo
Hospital, Kharkhana, Secunderabad in an unconscious condition and
from there he was shifted to Apollo Hospitals, Jubilee Hills,
Hyderabad for better treatment, where he was treated as inpatient
from 22.11.2004 to 01.12.2004. It is further stated that wound
suturing was done on 22.11.2004 under Anesthesia and he was
discharged on 01.12.2004 with an advise to take medical care and
physiotherapy. It is stated that theappellant spent more than
Rs.1,00,000/- for the purpose of medicines and extra nourishment.
The Police of Bowenpally has registered a case in Crime No.361 of
2004 under Section 337 of IPC against the driver of the crime vehicle.
The appellant filed the aforesaid claim petition before the Tribunal,
under Section 166of the Motor Vehicles Act, 1988 seeking
compensation of Rs.2,00,000/- against the respondent Nos.1 and 2,
who are owner and insurer of the crime vehicle.
3. Before the Tribunal, the respondent No.1remained ex parte. The
respondent No.2-Insurance Company filed counter denying the
manner of accident, the age, occupation and income of the appellant,
and contended that there is contributory negligence on the part of the
appellant and hence the Insurance Company is not liable to pay the
compensation. It was also pleaded that the amounts claimed were
excessive and ultimately prayed to dismiss the claim petition.
4. After full-fledged trial, the Tribunal on analysis of oral and
documentary evidence, held that the accident occurred due to the
rash and negligent driving of the driver of the crime vehicle and that
the vehicle involved was insured with the respondent No.2. It then
awarded total compensation of Rs.25,000/- with interest @ 9% per
annum from the date of petition till the date of realization. Aggrieved
by the same, the appellant-injured filed the present appeal seeking
compensation of Rs.2,00,000/-.
5. Heard the learned counsel for both sides and perused the
record.
6. The finding of the Tribunal with regard to the manner in which
the accident took place has become final as the same is not
challenged either by the owner or insurer of the vehicle.
7. Coming to the quantum of compensation, the Tribunal awarded
Rs.20,000/- for the two grievous injuries and Rs.5,000/- towards loss
of earnings, in all Rs.25,000/-. The record shows that the appellant
sustained grievous injuries and he was unconscious at the time of
admission, and remained an inpatient in Apollo Hospitals, Jubilee
Hills, Hyderabad from 22.11.2004 to 01.12.2004. He underwent
wound suturing under anesthesia and required continued medical
care and physiotherapy after discharge. Given the nature of injuries,
the period of hospitalization, and the treatment undergone, it is
reasonable to infer that he incurred substantial medical expenditure.
Taking these aspects into account, this Court considers it appropriate
to grant Rs.50,000/- towards medical expenses and Rs.25,000/-
towards pain and suffering.Thus, the appellant-claimant is entitled to
total compensation of Rs.1,00,000/-.
8. In the result, this appeal is partly allowed by enhancing the
compensation from Rs.25,000/- to Rs.1,00,000/-. The enhanced
compensation shall carry interest @ 7.5% per annum from the date of
petition till the date of realization. The rest of the terms and
conditions imposed by the Tribunal shall remain unaltered. No order
as to costs.
As a sequel, the miscellaneous petitions pending, if any, shall
stand closed.
________________________________
JUSTICE C.V.BHASKAR REDDY
Date:02.12.2025
Bw
