IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA

AND

THE HON’BLE JUSTICE GADI PRAVEEN KUMAR

MACMA Nos.1612 and 1617 of 2018

Date: 11-12-2025

Between :

T.Sampath Kumar …. Appellant

And

1. P.Kurma Rao and another .… Respondents.

COMMON JUDGMENT: (per Hon’ble Justice Gadi Praveen Kumar

1. Heard Sri K.Hari Mohan Reddy, learned counsel for the appellant in MACMA No.1612 of 2018 and respondent No.1 in MACMA No.1617 of 2018 and Sri A.Rama Krishna Reddy, learned counsel for respondent No.2 in MACMA

No.1612 of 2018 and appellant in MACMA No.1617 of 2018.

2. Since both the appeals arise out of the same award, they are being

disposed of by this common order.

3. The parties herein are referred to as they are arrayed in the MVOP.

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4. The brief facts leading to filing of the MVOP No.1685 of 2012 on the file of the Motor Accident Claims Tribunal-cum-XXV Additional Chief Judge, City Civil Court, Hyderabad (for short, ‘the Tribunal’) are that on 19.05.2010 the petitioner was travelling in a car bearing No.AP 28 CB 7479 from Orissa to Hyderabad and when the said car reached near Ampolu junction, Srikakulam

District, at about 6.00 AM, one lorry bearing No.AP 30 V 8631 came in opposite direction and dashed the car as a result of which the petitioner sustained severe injuries including various other fracture injuries. The petitioner was working as CEO of M/s. NMREC Private Limited and other occupations and used to get an amount of Rs.85,000/- per month. The petitioner was aged about 56 years at the time of accident. On appreciation of the evidence on record, the Tribunal held that the accident occurred on account of the rash and negligent driving of the driver of the lorry and awarded an amount of Rs.58,32,913/- towards compensation under all heads along with costs and interest @8% per annum from the date of petition till the date of decree and thereafter at the rate of 6% per annum till payment.

5. Aggrieved by the same the petitioner preferred MACMA No.1612 of 2018 seeking enhancement of the compensation to Rs.1,47,45,000/-, whereas the respondent No.2/Insurance Company had preferred Cross Appeal in MACMA No.1617 of 2018 challenging the quantum of compensation on the ground that the petitioner is not an assessee of the income tax.

6. On hearing the learned counsel on record and considering the pleadings and documents, the Tribunal framed the following issues for its consideration:

1) Whether the accident took place due to the rash and negligent driving of the vehicle bearing No.AP 30 V 8631 causing injuries to the petitioner?

2) Whether the petitioner is entitled for compensation? If so, to what extent and from whom?

3) To what relief?

7. On behalf of the petitioner PWs.1 to 8 were examined and Exs.A.1 to A.28 were marked and on behalf of the respondent No.2/Insurance Company RW.1 was examined and Ex.B.1 copy of insurance policy was marked.

8. The Tribunal on perusing the material available on record and basing on the evidence of PWs.2 to 4 who deposed that the petitioner suffered 74% physical disability and 50% mental disability both are permanent in nature and the total disability comes to 124% and the loss of earning capacity is 100%, held that the petitioner suffered disability at 65%. Apart from considering the age of the petitioner at 56 years taking ‘8’ as multiplier along with various other heads came to the conclusion that the petitioner is entitled for an amount of Rs.58,32,913/- along with interest.

9. Learned counsel for the appellant in MACMA No.1612 of 2018 contended that the learned Tribunal awarded a meager amount towards compensation of Rs.58,33,000/- out of the claim made by the petitioner at Rs.1,47,45,000/- and failed to consider the loss of earning capacity of the petitioner at 100% which was proved by examining Doctors PWs.2, 3 and 4 who treated the petitioner deposed that the appellant suffered 74% physical disability and 50% mental disability but the Tribunal considered the loss of earning capaci