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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.1175 of 2019

DATE: 01.04.2026 Between:

Alampally Ravi.

…..Appellant AND

Shaik Ameer Ali and another.

….Respondents

JUDGMENT

This appeal is filed by the appellant/claimant challenging the

judgment and decree dated 10.06.2016 passed in O.P.No.700 of 2011 by the Chairman, Motor Accident Claims Tribunal-cum-I Additional District Judge, at Nalgonda (for short “the Tribunal”), whereby the Tribunal awarded a compensation of Rs.1,65,000/- with interest @ 7.5% per annum from the date of petition till realization as against the claim of Rs.3,00,000/- for the injuries received by the appellant in a

motor vehicle accident.

2. The learned counsel for the appellant/claimant contended that the Tribunal erred in assessing the monthly income of the appellant at Rs.3,000/- despite the assertion of the appellant that he was earning Rs.6,000/- as an agriculturist. It is further submitted that the Tribunal

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awarded meagre amounts towards medical expenditure, extra nourishment, incidental charges, and pain and suffering. Thus, the

learned counsel prayed this Court to enhance the compensation.

3. On the other hand, learned counsel for the respondent No.2/Insurance Company contended that the Tribunal, after considering the oral and documentary evidence, rightly awarded the compensation and that no interference is required by this Court in the

well-reasoned order passed by the Tribunal.

4. As seen from the material placed on record, on 06.08.2011, while the appellant was travelling in an auto bearing No.AP-24-X-8089 in the capacity of a paid passenger from Halia to Nalgonda, and when the said auto reached K.B. Thanda of Cherlagouraram village of Kanagal Mandal, Nalgonda District at about 05.00 P.M., the driver of the said auto drove in a rash and negligent manner at high speed and lost control over the auto, due to which, the auto turned turtle, and the appellant sustained fractures and grievous injuries. A case in Crime No.78 of 2011 was registered on the file of Kangal Police Station for the offence under Section 338 of IPC against the driver of the offending auto. There is no dispute with regard to the accident and the

involvement of the crime vehicle.

5. The core grievance of the appellant is the inadequacy of the compensation awarded by the Tribunal. The appellant asserted that at

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the time of the accident, he was earning Rs.6,000/- per month as an agriculturist. While the Tribunal, in the absence of documentary evidence, fixed the monthly income at a mere Rs.3,000/- and awarded Rs.9,000/- for loss of earnings over three months, this Court, having regard to the nature of the appellant's avocation and the prevailing wage standards for skilled labor in the year 2011, deems it appropriate to fix the monthly income at Rs.6,000/-. Accordingly, the compensation for loss of earnings is enhanced to Rs.18,000/- (Rs.6,000/- × 3 months). The medical evidence under Ex.A.2 reveals that the appellant sustained a laceration of 2 x 1 x 5 cms over the left leg and a deformity with swelling, which X-rays confirmed as a fracture of the medial condyle of the left tibia. For these injuries, described as one simple and one grievous in nature, the Tribunal awarded a total of Rs.17,000/- (Rs.2,000/- for simple and Rs.15,000/- for grievous) towards pain and suffering. In the considered opinion of this Court, such an amount is inadequate given the nature of the fracture and the prolonged treatment required. Hence, the same is enhanced to Rs.50,000/-. Furthermore, the Tribunal relied upon the disability certificate (Ex.A.6) and the testimony of the orthopedic surgeon (P.W.2), who confirmed that the appellant sustained 25% permanent disability that hinders his ability to lift weights or climb steps. Considering the appellant's age as 38 years, the Tribunal correctly applied the multiplier of '15'. However, based on the revised monthly income of Rs.6