Allowed

Pallekona Koteshwaramma , Kotamma and Anr. v. Jignesh Kumar and Anr.

Telangana HC30 Jun 2023MACMA/1285/2008

Case brief

AI extract

What is this about?

The High Court sitting as the Motor Accident Claims Tribunal allowed an appeal against a lower tribunal's award, enhancing compensation from Rs. 1,60,500 to Rs. 6,93,200 based on recalculated income and a multiplier of 18.

What did the court decide?

Compensation enhanced to Rs. 6,93,200 payable by respondents jointly and severally with interest; Respondent No. 2 directed to deposit amount within one month.

Pallekona Koteshwaramma , Kotamma and Anr. Vs… — Motor Accident Claims | Telangana HC (2023)

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[³²⁰⁸ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY-THREE

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

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MOTOR ACCIDENT CIVIL MISCEL LANEOUS APPE AL NO: 1285 OF 2008

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Appeal filed under Section 173 of l,,lotor Vehicles Act against the judgment and decree in M.V.O.P.No.850 of 2005 dated 13.02.2008 on the file of the Court of the Chairman, Molor Accident Claims Tribunal-cum- lAdditional District Judge, at Nalgonda.

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Between:

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1 Pallekona Koteshwaramma @- Kotamma, Wo.Parameshwar Rao Age: 42 years, Occ: Hoqsehold R/o.Chilukaluripeta Village and Mandal, 6untur District. Now Rl/o.Ramagiri, Nalgonda town and Disirict.

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2 Pallekona Parameshwar Rao, S/o.Rama Swamy, Age: 50 years Occ: Labourer R/o.Chilukaluripeta Village and Mandal, Gfrntur District Now Rl/o.Ramagiri, Nalgonda town and District

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...APPELLANTS

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AND

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.]ign9s! Kyqar, S/o.Shivja Kumar, Aged lVlajor Business C/o.Jalaram Travels, 9-+2121652, Behind Navodaya Lodge, Opp-secunderabad Raitway Station, Secunderabad.

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The New lndia Assurance Company Ltd, rep by its Branch Manager O/o.Organising Branch, Sangamithra Bank Complex,^prakasam Bazar, Nalgonda Town.

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...RESPONDENTS

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Counsel for Appellants : Sri CHANDRASEKHAR REDDY GOPIREDDY

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Counsel for Respondent No.1 : Sri NIVARTHI MRUTHYUNJAYA SASTRY

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Counsel for iespondent No.2 : Sri B. NARAYANA REDDY

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The Court made the following: JUDGMENT

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/.,

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THE HON'BLE SMT. JUSTICE P. SREE^SUDHA

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M.A.C.M.A. No.1285 OF 2OO8

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JUDGMENT:

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This appe:rl is preferrcd questioning the^{arvzr.rd :rrld decree} rlaLed 13.02.2OO8 passed by the Chairman, Motor^Vehicles Acciclcnts Claims Tribunal-cum-l Additional^{District.ludge at} Nalgonda (in short "lribunal'), in O.P. No.8-50 of^{1995 whcreby} the^'lribunal has granted compensation of^{Rs.1,60,500/-with} intcrcst fu:7.5"/n per al'rnum ancl^{proportionatccostspzLval;leby} both the respondents^jointly and^{severally, as against llre r:laim} of the appcllants for a sum of Rs.3,O0,00O/-.

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Heard arguments ofboth the counsel.

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This arppeal is filed by the claitnants^seeking cnhancement of the compensation awarded^{by the Tr-ibunal.} Therefore, this Court is not^{going into the other aspects of the} impugned award except the^{quantumof compensation.}

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As seen from the material on record,^{the mother of the} deceased has deposed that at the^{time of accident,her son was} aged 23 years, unmarried, working^{as a clerk in a prlvate Chit} Fund Company and earning^{Rs-3,O00/-per month and was} contributing the entire amount to^{the family. Therefor-e,this}

I I I I'

Court finds it reasonable to consider^{the income of the deceased} as Rs.3,OOO/- per month ancl after^{deductirlg5O7n thereof} towards personal expenses,^{the contributionof the deceased to} his family is arrived at Rs.1,500/^{per mor-rtlr.As pcr the} decision of the Hon'ble Supreme^{Court in National Insurrrnce} Co. Ltd. Vs. Pranag Sethit, the^{claimants are entitled future} prospects @ 4O'/o winiclr comes to Rs.1,20O/-^{per month. Thus,} the monthly income of the deceased^{can be taken at Rs 2,7OO/} and annual income can be taken^{atRs 32,4OO/ .} The rnultiplier applicable to the age^{of the petitioneris '1 8"1'hus,} the claimants are entitled for Rs.5,83,200/-^{(Rs.32,4OO/X 18)} towards loss of dependcncy.^{Further,thc clarntantsare also} entitled to Rs.4O,O00/ each towards^{filialconsortium,} Rs.15,OOO/- towards funeral expenses^{and trallsportation and} Rs. 15,OOO/- towards loss of estate.^{Thus, in all, the claimants} are entitled to the compensation^{of Rs.6,93,200/-.}

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Accordingly, the compensation^amountof Rs.1,60,5O0/- granted by the Tribunal^isenhancedto Rs.6,93,2OO/- payable by respondents 1 and 2^{jointly and} severally -along^{with interest@ 7.sokper annumfrom the date of} the petition till realization. Respondent^{No.2 shall deposit the}

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r 20r7(6) ALD r70 ISC)

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cntire colnPer-rsation arnount within a period of onc rnonth fron lhe clate of receipl of a copy of this order. Orr sr-rclr rleposit, the clairnants arc permitted to withdrarv the cornpenszrlion arnount along rvith interest accrued, equally, without lurnishing anv security, subject to payment of dehcit Court fee.

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Aci:ordingly, the Appeal is allowed.

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Miscellaneous applications pending, i[ any, shall stand

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r'losccl, No orcter as to costs.

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Sd/- B. CHANDRA PRAKASH ASSISTANT REGISTRAR

//TRUE COPY//

!iD

SECTION OFFICER

To,

The Charrman, Motor Accident Claims Tribunal-cum- | Additronal District Judge, at Nalgonda. (with records)

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One CC to Sri CHANDRASEKHAR REDDY GOPIREDDY, Advocate [OPUC]

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3 One CC to Sri NIVARTHI MRUTHYUNJAYA SASTRY Advocate [OPUC]

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One CC to Sri B. NARAYANA REDDY, Advocate [OPUC]

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Two CD Copies

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HIGH COURT

PSS,J

DATED:3010612023

JUDGMENT^{+ DECREE}

MACMA.No.1285^{of 2008}

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ALLOWING^{THE APPEAL}

WITHOUT COSTS

Sr-{

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY,THE THIRTIETH DAY OF^JUNE TWO THOUSAND AND TWENTY^THREE

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PRESENT

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THE HONOURABLE SMT. JUSTICE^{P.SREE SUDHA}

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MOTOR ACCIDENT CIVIL MISC^{ELLANEOUSAPPEAL NO:1285OF2008}

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Between:

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Pallekona Koteshwaramma @ Kotamma,^{Wo.Parameshwar RaoAge: 42} years, Occ: Household R/o. Chilukaluripeta Vlllag9 and^{Mandal, Guntur} District. Now Rl/o.Ramagiri, Nalgonda^{town and District.}

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Pallekona Parameshwar Rao,^{S/o.RamaSwamy, Age: 50 years,Occ:} Labourer R/o. Chilukaluripeta^{Village and Mandal, Guntur District.Now} R/o.Ramagiri, Nalgonda town^{and District}

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...APPELLANTS

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AND

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'1 . Jignesh Kumar, S/o.Shivja Kumar, Aged Maior Business C/o.Jalaram Travels, 9-Z-21 21 652, Behind^{Navodaya Lodge, Opp.Secunderabad Railway Station,} Secunderabad.

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The New India Assurance^{Company Ltd,rep by its BranchN/anager} O/o.Organising Branch,^{SangamithraBankComplex, Prakasam Bazar,} Nalgonda Town.

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...RESPONDENTS

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Appeal filed under Section 173 of^{fvlotorVehicles Act againstthe judgmentand} decree in M.V.O.P.No.850^{of 2005 dated13.02.2008on thefile of the Court of the} Chairman, tvlotor Accident Claims^{Tribunal-cum- lAdditionalDiskict Judge,at} Nalgonda.

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ORDER: This appeal coming^{on for hearing and uponperusingthe groundsof} appeal, the Judgment and^Decree of^{the Lower Court and the materialpapers in the} case and upon hearing^{the arguments of Sri CHANDRASEKHARREDDY} GOPIREDDY, Advocate for the^{Petitionersand Sri NIVARTHI MRUTHYUNJAYA} SASTRY, Advocate for the^{RespondentNo.1 and Sri B. NARAYANA REDDY'} Advocate for Respondent^No.2

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This Court doth Order and Decree as follows;-

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'1. That the Ir4ACIr,4A be and hereby is a owed;

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That the compensation amount of Rs. 1,60,5001 grantecJ by the Tribunal be and hereby is enhanced to Rs. 6,93,200/- (Rupees Six lakhs nrnety three thousand and two hundred only) payable by respondents 1 & 2 joinfly and severally along with interest @ l .s' pet annum from the date of petition till realization;

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. 3. That the respondent No.2 be and hereby shalt deposit the entire compensation amount within a period of one month from the date of receipt of a copy of this order.

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That, on such deposit, the craimants be and hereby are permitted to withdraw the compensation amount arong with interest accrued on it equaIy without furnishing any security subject to payment of deficit court feet and

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

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To,

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Sd/. A. CHANDRA PRAKASH ASSISTANT REGISTRAR //TRUE COPY/i ' lf) SECTION OFFICER

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1 The Chairman, Motor Accident Claims Tribunal-cum- I Additional District Judge, at Nalgonda. (with records)

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2 Two CD Copies

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HIGH COURT

PSS,J

DATED:3010612023

DECREE

MACMA.N^{o.1285 of 2008}

¶94

ALLOWING^{THE APPEAL}

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WTTHOUT COSTS

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Pallekona Koteshwaramma , Kotamma and Anr. v. Jignesh Kumar and Anr.

Case brief

What is this about?

What did the court decide?

Pallekona Koteshwaramma , Kotamma and Anr. v. Jignesh Kumar and Anr.

Case brief

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What did the court decide?

What the court decided

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