Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUDDALA CHALAPATHI RAO
Mohd. Siraj Anwar Siddiqui – Appellant
Versus
Gyara Pentaiah – Respondent
JUDGMENT :
SUDDALA CHALAPATHI RAO, J.
1. Heard learned counsel for the appellant/injured, Sri Raparthi Venkatesh, learned Standing Counsel for GHMC appearing for respondent No.2, and perused the record.
2. The present appeal is filed by the appellant-injured aggrieved by the order and decree, dt. 31.12.2021, passed in MVOP No.443 of 2016 passed by the learned Chairman, Motor Accidents Claims Tribunal-cum-I Addl. Chief Judge, City Civil Court at Secunderabad (for short “the Tribunal”).
3. The Tribunal after elaborate enquiry and trial, has passed an award and decree granting compensation of Rs.16,50,000/- under various heads. The appellant/injured dissatisfied with the quantum of compensation, has filed the present appeal seeking enhancement of the compensation to the tune of Rs.53,18,000/-.
4. Learned counsel for the appellant/injured submitted that the appellant is an Advocate by profession with 15 years of standing at the Bar Association of High Court for the State of Telangana as on the date of accident, and the learned Tribunal ought to have taken the income of the appellant @ Rs.30,000/- p.m. Further, the Tribunal ought to have considered the disability @ 35-40% as per Ex.A6 disabi
The court recalibrated compensation due to incorrect disability assessment, setting it at 30%, and provided enhanced total compensation of Rs.22,56,500 with 7.5% interest.
The court ruled that the compensation for personal injuries must adequately reflect the nature of the injuries, with adjustments for future medical expenses and functional disability considered essen....
Grievous injuries suffered in motor accident – There is no restriction on Tribunal in awarding compensation exceeding claimed amount under Motor Vehicles Act, 1988 – Function of Tribunal is to award ....
Just Compensation – Amount of compensation claimed is not a bar for Tribunal and High Court to award more than what is claimed – Rough calculation made by claimant is not a bar or upper limit.
The court affirmed that in cases of permanent disability resulting from motor accidents, claimants are entitled to compensation that includes future loss of income and prospects, ensuring that the aw....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
