Partly allowed

M.Jagan Mohan Rao v. Budhavaram Venkata Laxmamma

Telangana HC23 Apr 2009CMA/815/2000

Case brief

AI extract

What is this about?

In a Civil Miscellaneous Appeal arising from a compensation claim under the Motor Vehicles Act, the Andhra Pradesh High Court modified the Tribunal's decree by deleting the clause granting indemnity to the insurance company, while upholding the remaining portions of the award.

What did the court decide?

Deletion of clause IV which granted indemnity to Respondent No. 6 in the Tribunal's decree; remainder of the decree confirmed.

M.Jagan Mohan Rao Vs Budhavaram Venkata Laxmamma — Motor Accident Claims | Telangana HC (2009)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE

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PRESENT

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THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL MISCELLANEOUS APPEAL NO : 815 of 2000

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Between:

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1. M.Jagan Mohan Rao S/o Venkatratnaiah (died) per L.R 2& 3

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2. Mundra Rama Kumari W/o. Late M. Jagan mohan Rao

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3. Mundra Ratna Prasad S/o Late Jagan MohanRao

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(Petitioners 2 and 3 are brought on record as LR of the deceased 1^st petitioner vide Court Order 9.8.2002 in CMP.No.14683 of 2002 .)

.....Appellants

/Respondent

AND

1. Budhavaram Venkata Laxmamma W/o Late Budhavaram Venkateshwar Rao

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2. Budhavaram Hari Krishna S/o Venkateshwar Rao aged 14 years minor

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3. Budhavaram Aruna D/o late Venkateshwar Rao,a ged 12 years

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minor

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(RR2 to 4 are being as minors Rep: by their mother

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Buddarvaram Venkata Laxmamma 1^st Respondent

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(RR 1 to 4 declared as LRs of deceased Court Order 5.9.2007 in

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CMP.4330 of 2007)

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(RR2 to 4 are declared as majors ?Vide Court Order dated

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2.7.2007 in CMP.2935 of 2007 discharge their mother from

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guardianship)

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4 Budhavaram Sreenu S/o late Venkateshwar Rao aged 8 yrs,

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minor

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5. Budhavaram Vajramma W/o Late Rama Murthy, RR1 To 5 herein are R/o Ramapuram Village,

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Medlacheruvu Mandal, Nalgonda District.

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6 The Branch Manager, National Insurance Company Ltd.

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Vijayawada.

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.....Appellants 1 to 5 –R2)

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(Appeal under Section 110- of M.V.Act, against the order of

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the Court of the Motor Accidents Claims Tribunal cum Principal District Judge, Nalgonda dated 5.4.1993 in OP No : 145 of 1988 .

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This appeal coming on for hearing and upon perusing the Memorandum of Appeal, the orders of the Lower Court and the material papers in the case and upon hearing the arguments of Sri M. Rajamalla Reddy , Advocate for the Appellant and of Sri N. Bhupal Reddy, Advocate for the Respondents 1 to 4 and of Sri Ramachandra Reddy for Respondent No.6.

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This Court while allowing this Civil Misce. Appeal and in modification of the decree passed by the Tribunal , doth order and decree as follows:

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1. That the clause IV of the impugned decree dated 5.4.93 and made in OP.No.145 of 1988 passed by the Tribunal /Motor Accidents Claims Tribunal District Judge, Nalgonda be and hereby is deleted and the rest of the decree of the Tribunal

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below is confirmed.

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2) That, there shall be no order as to costs in this appeal.

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Sd/- S. SUBBA RAO ASSISTANT REGISTRAR //True copy// SECTION OFFICER To 1.The Chairman , Motor Vehicles Claims Tribunal , Nalgonda . (with Records if any.) 2. 2 CD copies.

HIGH COURT

Dated 28.4.2009

DECREE

CMA. NO.815 of 2000

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Allowing the CMA without costs

M.Jagan Mohan Rao v. Budhavaram Venkata Laxmamma

Case brief

What is this about?

What did the court decide?

M.Jagan Mohan Rao v. Budhavaram Venkata Laxmamma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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