IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO DATE: 12.12.2025 Between:

Mandla Devamma @ Laxmi Devamma w/o. M.Krishnaiah …. Appellant/claimant And The Regional Manager, TSRTC (previously AP State Road Transport Corporation Ltd.,), rep.by its Regional Manager and another.

…. Respondents/respondents

JUDGMENT

This Appeal is directed against the order and decree dated

25.09.2020 in M.V.O.P.No.127 of 2018, passed by the Judge, Family Court-cum-VIII Additional District Judge at Mahabubnagar (for short, ‘the Tribunal’), wherein the claim of the appellant is allowed-in-part, awarding compensation of ₹ 1,56,304/- with interest at 9% per annum from the date of filing of the petition till realization with proportionate costs.

2. The brief factual matrix of the present appeal is that on 13.02.2018 at 12.30 p.m., the appellant/claim petitioner was a pillion rider of Hero Honda Bike bearing registration No.TS-06- EK-8391, driven by her son, her relatives were traveling on another bike, who were proceeding from their village to Kollapur, and when they all reached Mylaram rivulet on PWD Road, and their companion biker stopped the bike to relieve himself, while the petitioner was going in front of the bike crossing the rivulet and bridge, the driver of RTC Bus bearing registration No.AP-29- Z-2169 came from Kollapur in rash and negligent manner with high speed and dashed the petitioner’s bike, due to which, the claim petitioner and her son sustained grievous injuries. Immediately, they were rushed to the Government Hospital, Wanaparthy, and shifted to Yashoda Hospital, Hyderabad on the same day for better treatment; that petitioner later admitted at NIMS Hospital, Hyderabad on 20.02.2018 for further treatment and discharged after ten days, that her right hand was operated and steel rods were inserted.

2.1. The Police, Kodair Police Station, registered a case in Crime No.16 of 2018 under Section 337 of IPC against the driver of crime vehicle and laid a charge-sheet under Section 338 of IPC before the competent Court.

2.2. It is further contended that appellant was aged 50 years, hale and healthy prior to the date of accident and was earning ₹ 300/- per day by doing agricultural labour, that due to the said accident, she was unable to do work and also suffered pain and suffering besides being put to mental agony and lost the source of income.

3. The Tribunal, on due enquiry and on considering the oral and documentary evidence placed by the injured claimant, has categorically held that the accident occurred due to rash and negligent driving of the crime vehicle and awarded compensation of ₹ 1,56,304/-, by fastening the liability on the respondents i.e., the owner of the crime vehicle and the RTC driver of the crime vehicle jointly and severally.

4. Aggrieved by the same, the appellant/claim petitioner filed the present Appeal for enhancement of the compensation for grant of just and fair compensation.

5. Learned counsel for appellant contended that the Tribunal ought to have granted just compensation as claimed by the claimant, and ought to have awarded interest @ 12% to 15% per annum. He further submitted that the Tribunal erred in awarding very meager compensation towards grievous injuries received by the claimant, pain and suffering, transport and medical expenses and finally, prayed for enhancement of compensation.

6. Per contra, learned counsel for the respondent No.1/TGRTC submitted that on due consideration of the evidence and material placed on record, the Tribunal had rightly awarded the compensation and therefore, and the appellant/claimant has not made out any grounds to interfere with the well considered award passed by the Tribunal and prayed to dismiss the appeal.

7. Heard Mr. K.Venkatesh Gupta, learned counsel for the appellant-claimant and Mr. Maneesh Reddu, learned counsel representing Mr. R.Anurag, learned Standing Counsel for respondent No.1-TGRTC and perused the material on record