Citation : 2026 Latest Caselaw 119 Tel
Judgement Date : 26 March, 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.377 of 2019
DATE: 26.03.2026
Between:
Lanka Mallikarjun Reddy.
.....Appellant
AND
K. Srinivas and another.
....Respondents
JUDGMENT
This appeal is filed by the appellant/claimant challenging the
award and decree dated 27.02.2018 passed in M.V.O.P.No.893 of
2013 by the Motor Accidents Claims Tribunal-cum-Special Sessions
Judge for Trial of Cases Under SCs and STs (POA) Act, 1989-cum-VII
Additional District and Sessions Judge, Ranga Reddy District at L.B.
Nagar (for short "the Tribunal"), whereby the Tribunal awarded a
compensation of Rs.2,00,000/- with interest at 7.5% per annum from
the date of petition till realization against the claim of Rs.5,00,000/-
for the injuries sustained by the appellant in a motor vehicle accident.
2. Heard the submissions of learned counsel for both sides and
perused the record.
3. The learned Counsel for the appellant/claimant contended that
the Tribunal failed to award just and reasonable compensation despite
the grievous nature of the injuries. It is argued that the appellant, a
Senior Chemist, suffered a communited fracture of the left femur and
multiple lacerations, requiring surgery for rod insertion and bone
grafting. It is contended that the Tribunal failed to properly consider
the loss of future earnings and the high percentage of disability
assessed by the medical expert.
4. On the other hand, the learned Standing Counsel for the
respondent No.2/Insurance Company contended that the Tribunal
has already awarded a just compensation based on the available
evidence. It is argued that the evidence regarding income and
disability was not fully authenticated, as the appellant failed to
produce an authorization letter from the employer for the salary
certificate and the disability assessed by the private doctor appeared
excessive.
5. As seen from the material placed on record, the accident
occurred on 14.08.2006 involving a private bus bearing No. AP-16-TV-
3030. The appellant sustained a lacerated wound on the nose, a
lacerated wound on the back, and a communited fracture of the left
femur, necessitating a 10-day inpatient stay at KIMS Hospital for
surgery and internal fixation. There is no dispute regarding the
manner of the accident or the involvement of the crime vehicle. The
primary grievance of the appellants is the inadequate quantum of
compensation. This Court is of the view that the amounts awarded by
the Tribunal are low and require enhancement to meet the standard of
"just compensation". Accordingly, for the three simple injuries and one
major fracture, the compensation is enhanced to Rs.1,20,000/-, and
the amount for shock, pain, and suffering is increased to Rs.50,000/-.
The medical expenses, investigations, and treatment charges are
confirmed at Rs.95,000/-. Furthermore, the appellant is entitled to
Rs.30,000/- for extra nourishment, Rs.15,000/- for attendant
charges, and Rs.10,000/- for transportation. Given the necessity of
another surgery to remove the steel rod, the amount for future surgery
is enhanced to Rs.50,000/-. For the loss of earnings during the three-
month recovery period, this Court confirms the sum of Rs.28,500/-
based on a monthly income of Rs.9,500/-. Thus, the total
compensation comes to Rs.3,98,500/-.
6. In the result, this appeal is partly-allowed and compensation
awarded by the Tribunal is enhanced from Rs.2,00,000/- to
Rs.3,98,500/- with interest @ 7.5% per annum from the date of claim
petition till the date of realization. The remaining terms and
conditions imposed by 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: 26.03.2026 SCS
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