Telangana High Court
Durgam Chandra Shekar vs Choppadandi Gopi on 13 November, 2025
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
MACMA No.519 of 2019
JUDGMENT:
This appeal is filed by the appellant-claimant,aggrieved by
the awarddated 12.11.2018 passed by the Chairman, Motor
Accidents Claims Tribunal-cum-III Additional District Judge,
Asifabad (for short "the Tribunal") in O.P.No.125 of 2018, whereby
the Tribunal awarded compensation of Rs.1,79,500/- as against
the claim of Rs.3,50,000/-.
2. The brief facts of the case are that on 22.05.2017 at about
2.30 p.m., while the appellant was proceeding on a motorcycle as a
pillion rider along with one Durgam Gnaneshwar from Bellampalli
to Akkalapalli Village and when they reached near Karim
Bike/Motor Cycle Repairing Shop at Jankapur Village, a car
bearing No.TS-01-UA-5768, driven by the 1strespondent in a rash
and negligent manner, came at high speed and dashed the
motorcycle and as a result,the appellant sustained head injury,
fractures, and multiple injuries all over the body. It is stated that
immediately after the accident, the appellant was treated at the
Government Hospital, Bellampalli, and later shifted to Pulse
Critical Care Hospital, Mancherial, where he was admitted as an
inpatient from 22.05.2017 to 30.05.2017. The appellant filed the
aforesaid O.P. against respondent Nos.1 to 4 i.e., the driver andthe
owner of the crime vehicle and the Insurance Company, claiming
compensation of Rs.3,50,000/- for the injuries sustained by him.
3. Before the Tribunal, respondent Nos.1 and 2 i.e., the driver
and the owner of the crime vehicle remained ex parte and
respondent Nos.3 and 4 i.e., the Insurance Company filed counter
denying the averments of the claim petition and contended that the
amount claimed is excessive and prayed to dismiss the claim
petition. The Tribunal, on appreciation both oral and documentary
evidence, came to the conclusion that the accident occurred due to
the rash and negligent driving of the 1strespondent and that the
appellant sustained grievous injuries and awarded compensation
of Rs.1,79,500/- as against the claim of Rs.3,50,000/-. Dissatisfied
with the quantum of compensation awarded by the Tribunal, the
appellant-claimant filed the present appeal.
4. Heard the learned counsel for the parties and perused the
record.
5. It is evident that the finding of the Tribunal with regard to
the manner in which the accident took place has become final,as
the same was not challenged by either of the respondents.
6. Insofar as the quantum of compensation is concerned, a
perusal of the material on record shows that the medical bills
produced as Exs.A-4 to A-8 substantiate that the appellant-
claimant incurred considerable medical expenditure. However, the
Tribunal erred in taking the income of the appellant at Rs.4,000/-
per month. The accident occurred in the year 2017, and the
appellant (aged 19 years) was engaged in private employment. Even
in the absence of documentary evidence, the notional income for a
person doing private work can reasonably be taken at Rs.7,500/-
per month. If the same is taken into account, the loss of earnings
for six months works out to Rs.45,000/- (Rs.7,500 × 6 months).
7. Having regard to the nature of fracture injury, hospitalization
and period of treatment, this Court is of the opinion that the
compensation under the head of pain and suffering should be
enhanced to Rs.1,00,000/- andfor the attendant charges and
transportation, Rs.30,000/- is reasonable. The medical bills
proved for Rs.85,560/- are supported by record and are
accordingly maintained. The compensation payable to the
appellant-claimant is tabulated as under:-
Sl. Name of Head Awardedby Awarded by
No. Tribunal this Court
Rs. Ps. Rs. Ps.
1. Pain and suffering 60,000.00 1,00,000.00
2. Medical Bills 85,500.00 85,500.00
3. Transport & Attendant 10,000.00 30,000.00
Charges
4. Loss of Earnings 24,000.00 (Rs.7,500 x 6
months)
45,000.00
TOTAL 1,79,500.00 2,60,000.00
8. In the result, this appeal is partly allowed. The compensation
amount awarded by the Tribunal is enhanced from Rs.1,79,500/-
to Rs.2,60,000/-with interest at 7.5% per annum from the date of
petition till the date of realization, payable by the respondent Nos.1
to 3jointly and severally, within a period of two(2) months from the
date of receipt of copy of this judgment. On such deposit, the
appellant-claimant is entitled to withdraw the same.
As a sequel, the miscellaneous petitions pending, if any,
shall stand closed. No order as to costs.
________________________________
JUSTICE C.V.BHASKAR REDDY
Date: 13.11.2025
JSU/SCS
