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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.313of 2019

DATE: 28.01.2026

Between:

Sri T. Maruthi

…..Appellant/Claimant

AND

Sri Shatagopam Venkat Dineshand another.

….Respondents

JUDGMENT

This appeal is filedby the appellant/claimantunder Section 173

of the Motor Vehicles Act, 1988, challenging the award dated

18.01.2019 passed in O.P.No.222 of 2017 by theChairman, Motor

Accidents Claims Tribunal-cum-Principal District Judge, at

Mahabubnagar (hereinafter referred as “The Tribunal”), whereby the

Tribunal awarded total compensation of Rs.2,00,000/- with interest @

9% per annum in favour of appellant-claimant for the injuries

sustained by him in a motor vehicle accident.

2. The facts of the case in brief are that on 11.01.2017 at about

08.30 P.M., the appellant was proceeding on foot on a road from

Raichur to Devarakadra after purchasing the vegetables at

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Banderpally village and while he was waiting on the cross roads in

order to go to his house, one TATA Indica car bearing No.AP-22-BF-

1619 (hereinafter referred as “crime vehicle”) , being driven by the

respondent No.1 in a rash and negligent manner and at high speed,

from Devarakadra side towards Raichur and dashed the appellant. As

a result, the appellant sustained fractures of right femur, on head and

also abrasion to the right eye. The appellant was taken treatment in

S.V.S. Hospital, Mahabubnagar; Sarojini Devi Eye Hospital,

Hyderabad; and also in Osmania General Hospital, Hyderabad. On a

report lodged by relative of the appellant, the police at C.C. Kunta

Police Station, registered a case against the respondent No.1 for the

offence under Section 338 of IPC. The appellant-injured filed the

aforesaid claim petition seeking compensation of Rs.3,00,000/- on

account ofthe injuries sustained by him.

3. Before the Tribunal, Respondent No.1 remained ex parte.

Respondent No.2-Insurance Company filed a counter denying the

liability and contended that there was contributory negligence on the

part of the appellant in hurriedly crossing the road without observing

the vehicles proceeding on the road. Respondent No.2 further

contended that claim is excessive and exorbitant and ultimately

prayed to dismiss the claim petition.

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4. The Tribunal, upon evaluating the oral and documentary

evidence on record held that the accident occurred due to the rash

and negligent driving of the driver of the offending vehicle and

accordingly awarded total compensation of Rs.2,00,000/-

(Rs.1,50,000/- for grievous injuries, medical expenses and pain and

suffering + Rs.25,000/- for loss of income + Rs.25,000/- for nutritious

diet and attendant charges) with interest @ 9% per annum from the

date of the petition till the date of realization by apportioning the

liability on respondent Nos.1 and 2. Aggrieved by the award, the

appellant preferred this appeal seeking enhancement of the

compensation.

5. Learned counsel for the appellant contended that the Tribunal

erred in awarding meager compensation towards pain and suffering

and loss of income during the period of treatment. It is further argued

that the Tribunal failed to award any amount towards transportation,

despite the appellant's explanation that bills were not preserved due

to ignorance. Thus the learned counsel prayed this Court to

enhancethe compensation on the grounds that the Tribunal failed to

consider the nature of injuries, full period of treatment, and the

discomfort suffered by the appellant preventing him from working as

he did previously.

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6. Inspite of service of notice, there is no representation on behalf

of respondent No.2-Insurance Company.

7. This Court, upon perusal of the entire evidence available on

record, observes that the injured was aged about 26 years at the time

of the accident. He was working as a drilling worker and earned

approximately Rs.500/- per day, which he contributed to his family.

The record reveals that appellant sustained three grievous injuries,

specifically fractures of the