[Cites 1, Cited by 0]
Telangana High Court
Thati Somaiah vs Angidi Yakambaram 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.658 of 2019
DATE: 01.04.2026
Between:
Thati Somaiah
.....Appellant
AND
Angidi Yakambaram and three others
....Respondents
JUDGMENT:
This appeal is filed by the appellant-claimant under Section
173 of the Motor Vehicles Act, 1988, aggrieved by the order and
decree dated 19.12.2018 passed in M.V.O.P.No.291 of 2017 by the
Chairman, Motor Accidents Claims Tribunal-cum-Principal District
Judge, Warangal (for short "the Tribunal"), wherein a total
compensation of Rs.2,64,000/- was awarded for the injuries
sustained by the claimant in a motor vehicle accident.
2. The brief facts of the case are that on 16.11.2016, while the
appellant-claimant was proceeding as a pillion rider on a motorcycle
bearing No.AP36-AJ-1320 and when they reached near Durgamma
Temple, Theegala Thanda, the driver of a Toyota car bearing No.TS08-
UB-6824 drove the vehicle in a rash and negligent manner and hit
the motorcycle from behind, as a result of which the appellant-
claimant fell down and sustained grievous injuries, including crush
injury to his right leg resulting in amputation above the knee,
fracture of right forearm and other multiple injuries. He was initially
treated at MGM Hospital, Warangal, and thereafter at Guardian
Hospital, where he underwent surgery. Claiming that he was aged
about 55 years and working as an agriculturist earning Rs.6,000/-
per month, he filed the aforesaid claim petition before the Tribunal
seeking compensation of Rs.10,00,000/-. The Tribunal, upon
appreciation of oral and documentary evidence, held that the
accident occurred due to rash and negligent driving of the driver of
the offending car and awarded a total compensation of Rs.2,64,000/-
together with interest @ 7.5% per annum from the date of petition till
realization. Aggrieved thereby, the appellant-claimant filed the
present appeal seeking enhancement of compensation.
3. Learned counsel for the appellant-claimant contends that the
Tribunal erred in taking the income at Rs.3,000/- per month despite
the specific evidence that the appellant-claimant was an agriculturist
earning Rs.6,000/- per month; the compensation awarded under
various heads is on the lower side, particularly having regard to the
fact that the claimant suffered amputation of right leg above knee
resulting in permanent disability; and hence, prayed for
enhancement of compensation.
4. On the other hand, learned Standing Counsel appearing for
respondent No.4-Insurance Company supported the award passed by
the Tribunal.
5. It is not in dispute that the accident occurred due to the rash
and negligent driving of the driver of the offending car and that the
claimant sustained grievous injuries including amputation of his
right leg above knee. The said finding of the Tribunal has attained
finality.
6. Coming to quantum of compensation, as regards the income of
the appellant-claimant, though no documentary evidence is filed, it is
to be noted that the accident occurred in the year 2016 and the
claimant was an agriculturist. In such circumstances, taking the
monthly income at Rs.6,000/- as claimed by the claimant would be
just and reasonable. Thus, the loss of earnings due to disability, as
assessed by the Tribunal, by taking into account the income at
Rs.6,000/-, comes to Rs.1,26,000/- (Rs.6,000/- X 12 X 25% X 7).
Insofar as compensation under the head "injuries, shock and pain
and suffering" is concerned, the Tribunal awarded Rs.1,00,000/-,
which, in the considered opinion of this Court, is on the lower side.
Having regard to the grievous nature of injuries and amputation, the
same is enhanced to Rs.1,50,000/-. With regard to loss of earnings,
the Tribunal awarded Rs.36,000/- by taking income at Rs.3,000/-
per month. By taking the income at Rs.6,000/- per month and
considering that the claimant would have been out of work for a
considerable period, this Court deems it appropriate to award
Rs.72,000/- towards loss of earnings. Further, the Tribunal granted a
consolidated sum towards medical expenses and incidental charges.
The medical expenses awarded by the Tribunal at Rs.63,195/- are
based on bills and the same are confirmed. However, the Tribunal
has not properly awarded amounts towards extra nourishment and
transportation. Considering the nature of injuries and period of
treatment, this Court deems it appropriate to award Rs.30,000/-
towards extra nourishment and Rs.20,000/- towards transportation.
Thus, the appellant-claimant is entitled to a total compensation of
Rs.4,61,195/- (Rs.1,26,000/- + Rs.1,50,000/- + Rs.72,000/- +
Rs.63,195/- + Rs.30,000/- + Rs.20,000/-), which is rounded off to
Rs.4,62,000/-
7. In the result, the appeal is partly allowed, enhancing the
compensation awarded by the Tribunal from Rs.2,64,000/- to
Rs.4,62,000/- with interest @ 7.5% per annum from the date of
petition till realization. The remaining terms and conditions of the
Tribunal shall stand unaltered. 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
