THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY in/and

COMMON JUDGMENT:

The appellant-claimant filed the appealunder Section 173 of the Motor Vehicles Act, 1988, feeling aggrieved by the awarddated 24-06-2015 passed by the XIIIAdditional District and Sessions Judge, Ranga Reddy District, at L.B.Nagar(for short, “the Tribunal”) in M.V.O.P.No.1074 of 2008, whereby the Tribunal granted compensation of Rs.1,95,000/-with proportionate costs and interest thereon at 7% per annum from the date of petition till realization.

2. The brief facts of the case are that on 25.02.2008 at 19-30 hours the appellant was proceeding on his Hero Honda motor cycle bearing No.AP 11 H 4047 from Osmania University to Uppal and when he reached near Rajayalaxmi Theatre, one van bearing No.AP 10 V 8377 driven by its driver in a rash and negligent manner dashed the motor cycle of the appellant without following traffic rules and as a result, the appellant sustained multiple fractures and injuries all over his body and he was immediately shifted to Kamineni Hospital, L.B.Nagar, Hyderabad, from there he was later shifted to Gandhi Hospital, Secunderabad for treatment where he was treated as an inpatient and he also took follow up treatment.Stating the said facts, the appellant filed the aforesaid MVOP before the Tribunal, against respondent Nos.1 and 2 i.e., the owner of the offending vehicle and the insurance company respectively, seeking compensation of Rs.1,50,000/- for the injuries sustained by him and the Tribunal, in turn, allowed the said petition, by awarding an amount of Rs.1,95,000/- towards compensation together with interest at 7% per annum from the date of petition till the date of recovery, payable by respondents No.1 and 2 jointly and severally. The appellant seeks enhancement of the same from Rs.1,95,000/- to Rs.4,00,000/- by way of Amendment Petition vide I.A.No.3 of 2015 in this appeal.

3. There is no representation for the appellant/claimant.

4. Learned Standing Counsel appearing for the Insurance Company/respondent No.2 submitted that the appellant filed the aforesaid M.V.O.P.No.1074 of 2008 claiming an amount of Rs.1,50,000/- towards compensation for the injuries sustained by him in the accident; even though the Tribunal after considering the material on record has rightly granted an amount of Rs.1,95,000/-, which is over and above the amount claimed by the appellant, the appellant filed this appeal seeking further enhancement of the same by way of amendment petition, which is impermissible in law; and as such, there is no justifiable ground for enhancement of compensation in this appeal.

5. In appeals filed under Section 173 of the Motor Vehicles Act, the appellate court must carefully examine whether there has been a misappreciation of evidence or material non-consideration by the Tribunal. In the instant case, on a careful examination of the record, this Court finds no material irregularity or error of fact or law in the Tribunal’s assessment and the impugned award passed by the Tribunal granting compensation of Rs.1,95,000/- is reasonable, keeping in view the nature and extent of the appellant’s injuries and his treatment. As the appellant originally claimed Rs.1,50,000/- and the Tribunal already awarded a higher amount, the further request for enhancement to Rs.4,00,000/- in this appeal appears excessive and does not merit consideration.

6. In the result, I.A.No.3 of 2015 and MACMA No.743 of 2019 are dismissed. No order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE C.V.BHASKAR REDDY Date: 18.11.2025 BV