Sbaik Babu vs Md.Yousuf
2026 Latest Caselaw 251 Tel

Telangana High Court

Sbaik Babu vs Md.Yousuf on 1 April, 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.809 of 2019


                         DATE: 01.04.2026

Between:

Shaik Babu

                                                          .....Appellant
                                 AND

Md. Yousuf and another

                                                       ....Respondents


JUDGMENT:

This appeal is filed by the appellant/claimant, assailing the

judgment and decree dated 05.10.2007 passed in O.P.No.1208 of

2002 by the Chairman, Motor Accidents Claims Tribunal-cum-II

Additional District Judge (FTC), Nizamabad (for short, "the Tribunal"),

whereby the Tribunal awarded a total compensation of Rs.34,000/-

for the injuries sustained by him in a motor vehicle accident.

2. The brief facts, in nutshell, are that on 08.05.2002 at about

11:30 a.m., the appellant-claimant was driving his auto bearing

No.AHT-6392 from Nizamabad towards Bodhan and when he reached

near Nataraj Theatre, a jeep bearing No.AP-1-T-5042, driven in a rash

and negligent manner, came from the opposite direction and dashed

against the auto. As a result of the said collision, the claimant fell

down and sustained grievous injuries including fracture of right

patella and other multiple injuries. He was initially treated at

Government Hospital, Nizamabad, and thereafter underwent surgery

in a private hospital. Claiming that he was earning Rs.6,000/- per

month as an auto driver and suffered loss of earnings and incurred

huge medical expenses, the appellant-claimant filed the aforesaid

claim petition before the Tribunal seeking compensation of

Rs.4,00,000/-.

3. Before the Tribunal, the appellant-claimant examined himself

as P.W.1 and the doctor as P.W.2 and marked Exs.A1 to A12 and

Exs.X1 and X2. On behalf of the respondents, no oral evidence was

adduced, but Ex.B1 policy was marked. Upon consideration of the

evidence, the Tribunal held that the accident occurred due to the

rash and negligent driving of the driver of the offending jeep and

awarded a total compensation of Rs.34,000/- with interest @ 7.5%

per annum. Being dissatisfied with the quantum of compensation

awarded, the appellant-claimant preferred the present appeal seeking

enhancement.

4. Learned counsel for the appellant/claimant contended that the

Tribunal grossly erred in awarding meagre amounts under various

heads, despite clear evidence of grievous injury and prolonged

treatment. Learned counsel further contended that the

appellant/claimant was hospitalized for considerable period and

underwent surgery, but the Tribunal failed to award just and

reasonable compensation; and thus prayed for enhancement of

compensation.

5. On the other hand, learned Standing Counsel appearing for

respondent No.2-Insurance Company supported the award passed by

the Tribunal contending that the compensation awarded is just and

reasonable and does not warrant interference.

6. There is no dispute with regard to the manner of accident and

the finding of the Tribunal that the accident occurred due to the rash

and negligent driving of the driver of the offending jeep has attained

finality, as the same is not seriously disputed before this Court.

Therefore, the only aspect that requires consideration is with regard

to the quantum of compensation.

7. It is evident from the record that the appellant/claimant

sustained fracture of right patella and other injuries and was treated

as inpatient in Government Hospital and thereafter in a private

hospital, where he underwent surgery. The medical evidence of P.W.2

coupled with Exs.A3 to A12 clearly establish the nature of injuries

and the treatment undergone by the claimant. The Tribunal, however,

awarded only a sum of Rs.12,000/- towards injuries and Rs.5,000/-

towards pain and suffering, which, in the considered opinion of this

Court, is on the lower side and not commensurate with the nature of

injuries sustained and treatment undergone. Having regard to the

evidence on record, this Court is of the opinion that the

compensation under various heads requires enhancement.

Accordingly, the amount awarded towards injuries is enhanced from

Rs.12,000/- to Rs.1,00,000/-. Similarly, the amount awarded

towards pain and suffering is enhanced from Rs.5,000/- to

Rs.50,000/-. Further, the Tribunal awarded only Rs.1,500/- towards

transportation and Rs.1,000/- towards extra nourishment, which are

evidently inadequate. The same are enhanced to Rs.5,000/- and

Rs.10,000/- respectively. Further, the Tribunal awarded Rs.1,500/-

towards loss of earnings during the period of treatment. Considering

that the appellant/claimant was an auto driver and would have been

incapacitated for a reasonable period due to the fracture and surgery,

the said amount is enhanced to Rs.20,000/-. The amounts awarded

by the Tribunal towards treatment expenses i.e., Rs.11,500/- and

cost of medicines i.e., Rs.1,500/- are based on documentary evidence

and appear to be just and reasonable; hence, the same are confirmed.

Thus, the appellant/claimant is entitled to a total compensation of

Rs.1,98,000/- (Rs.1,00,000/- + Rs.50,000/- + Rs.5,000/- +

Rs.10,000/- + Rs.20,000/- + Rs.11,500/- + Rs.1,500/-).

8. In the result, the appeal is partly allowed, enhancing the

compensation granted by the Tribunal from Rs.34,000/- to

Rs.1,98,000/- with interest @ 7.5% per annum from the date of

petition till realization. The respondents shall deposit the

compensation amount with interest within a period of two (2) months

from the date of receipt of a copy of this judgment. On such deposit,

the appellant/claimant is permitted to withdraw the same, without

furnishing any security. There shall be no order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall

stand closed.

________________________________ JUSTICE C.V.BHASKAR REDDY Date: 01.04.2026 JSU