Telangana High Court
M Venkat Reddy, Hyderabad vs Cms Securities Limited, Secunderabad ... on 18 November, 2025
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
I.A.No.3 of 2015
in/and
MACMA No.743 of 2019
COMMON JUDGMENT:
The appellant-claimant filed the appealunder Section 173 of
the Motor Vehicles Act, 1988, feeling aggrieved by the awarddated
24-06-2015 passed by the XIIIAdditional District and Sessions
Judge, Ranga Reddy District, at L.B.Nagar(for short, "the
Tribunal") in M.V.O.P.No.1074 of 2008, whereby the Tribunal
granted compensation of Rs.1,95,000/-with proportionate costs
and interest thereon at 7% per annum from the date of petition till
realization.
2. The brief facts of the case are that on 25.02.2008 at 19-30
hours the appellant was proceeding on his Hero Honda motor cycle
bearing No.AP 11 H 4047 from Osmania University to Uppal and
when he reached near Rajayalaxmi Theatre, one van bearing No.AP
10 V 8377 driven by its driver in a rash and negligent manner
dashed the motor cycle of the appellant without following traffic
rules and as a result, the appellant sustained multiple fractures
and injuries all over his body and he was immediately shifted to
Kamineni Hospital, L.B.Nagar, Hyderabad, from there he was later
shifted to Gandhi Hospital, Secunderabad for treatment where he
was treated as an inpatient and he also took follow up
treatment.Stating the said facts, the appellant filed the aforesaid
MVOP before the Tribunal, against respondent Nos.1 and 2 i.e., the
owner of the offending vehicle and the insurance company
respectively, seeking compensation of Rs.1,50,000/- for the
injuries sustained by him and the Tribunal, in turn, allowed the
said petition, by awarding an amount of Rs.1,95,000/- towards
compensation together with interest at 7% per annum from the
date of petition till the date of recovery, payable by respondents
No.1 and 2 jointly and severally. The appellant seeks enhancement
of the same from Rs.1,95,000/- to Rs.4,00,000/- by way of
Amendment Petition vide I.A.No.3 of 2015 in this appeal.
3. There is no representation for the appellant/claimant.
4. Learned Standing Counsel appearing for the Insurance
Company/respondent No.2 submitted that the appellant filed the
aforesaid M.V.O.P.No.1074 of 2008 claiming an amount of
Rs.1,50,000/- towards compensation for the injuries sustained by
him in the accident; even though the Tribunal after considering the
material on record has rightly granted an amount of Rs.1,95,000/-,
which is over and above the amount claimed by the appellant, the
appellant filed this appeal seeking further enhancement of the
same by way of amendment petition, which is impermissible in
law; and as such, there is no justifiable ground for enhancement of
compensation in this appeal.
5. In appeals filed under Section 173 of the Motor Vehicles Act,
the appellate court must carefully examine whether there has been
a misappreciation of evidence or material non-consideration by the
Tribunal. In the instant case, on a careful examination of the
record, this Court finds no material irregularity or error of fact or
law in the Tribunal's assessment and the impugned award passed
by the Tribunal granting compensation of Rs.1,95,000/-
is reasonable, keeping in view the nature and extent of the
appellant's injuries and his treatment. As the appellant originally
claimed Rs.1,50,000/- and the Tribunal already awarded a higher
amount, the further request for enhancement to Rs.4,00,000/- in
this appeal appears excessive and does not merit consideration.
6. In the result, I.A.No.3 of 2015 and MACMA No.743 of 2019
are dismissed. No order as to costs.
As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
________________________________
JUSTICE C.V.BHASKAR REDDY
Date: 18.11.2025
BV
