Partly allowed

Suddala Parsharamulu v. Nerella Kankaiah and 2 Ors.

Telangana HC16 Jun 2023MACMA/2545/2007

Case brief

AI extract

What is this about?

The High Court allowed the appeal in part, directing the National Insurance Company to deposit Rs.6,000 as compensation towards damages to the appellant's tractor/trolley, while confirming the lower court's decree in all other respects.

What did the court decide?

The Respondent-Insurance Company is directed to pay Rs. 6,000 to the petitioner towards compensation, to be deposited within one month.

Suddala Parsharamulu Vs Nerella Kankaiah and 2 Ors. — Motor Accident Claims | Telangana HC (2023)

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[³²⁰⁸ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE SIXTEENTH 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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M.A.C.M.A. NO: 2545 OF 2007

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Appeal under Section 173 of Motor Vehicles Act against the Order and decree in MVOP No.704 of 2005 dated 2710712007 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal --cum- V Additional District Judge, at Karimnagar.

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Between:

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Suddala Parsharamulu, S/o.Venkataiah @ Venkati Agriculture & Business Rl/o.Bommakal Village, Karimnagar Mandal & District.

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...APPELLANT/PETITIONER

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AND

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Nerella Kankaiah, S/o.Ramakistaiah, Chakali Driver of Tractor/Trolley No.AP 15 W 5984/5983, Rl/o.Bommakal Village, Karimnagar Mandal & District.

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B.Anajaiah Goud, S/o.Veeraiah Owner of Tractorffrolley No.AP 15 W 5984/5983 RL/o.Bommakal Village, Karimnagar Mandal & District.

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National lnsurance Company Limited,.rep by its Divisional Manager, Registered Office, 3 Middleton Street, Post Box No.9229, Kolkata - 70O 071.

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...RESPONDENTS/ RESPONDENTS

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For the Appellant : SRI K.VASUDEVA REDDY, Advocate

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For the Respondent No.2 : SRI B.KIRAN KUMAR, Advocate

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Forthe Respondent No.3 : SRI P.BHANU PRAKASH, Advocate

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The Court delivered the following : JUDGMENT

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THE HON'BLE SMT. JUSTICE P. SREE SUDHA

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M.A.C.M.A. No.2545 OF 2OO7

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JUDGMENT:

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This appeal IS preferred questioning the award and decree dated 27.O7 .2007 passed by the Motor Vehicle Accidents Claims Tribunal-cum-V Additional District Judge, Karimnagar (in short "Iribunal'), in O.P. No.704 of 2O05 whereby the Tribunal has dismissed the claim of the petitioner for a sum of Rs.2,OO,OOO/- towards damages caused to Tractor/trolley bearing No.AP-15-U-3251 I3252 in the accident occurred on 24.03.2005.

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Heard both the counsel..

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Learned Standing Counsel for the respondentInsurance Company has contended that as per Ex.B.1Insurance Policy, the liability of the Insurance Company is only to the limited extent of Rs.6,OOO/-.

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In view of the submission made by the learned Standing Counsel for the Insurance Company. u,ithout going into the other aspects of the impugned Award, the respondent-lnsurance Company is directed to pa5r an amount

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of Rs.6,OOO/- to the petitioner towards compensation. The compensation amount shall be deposited within a period of one month from the date of the order. On such deposit, the claimant-appellant is entitled to withdraw the same.

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Accordingly, the Appeal is allowed in part to the extent indicated above.

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Miscellaneous applications pending, if any, shall stand

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closed. No order as to costs.

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Sd/.V.KAVITHA ASSISTANT REGISTRAR /iTRUE COPYII r_]p

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r_]p I SECTION OFFICER

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The Chairman, Motor Accidents Clairns Tribunal --cum- V Additional District Judge, Karimnagar.

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One CC to Sri K.Vasudeva Reddy, Advocate [OPUC]

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One CC to Sri B.Kiran Kumar, Advocate [OPUC]

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One CC to Sri P.Bhanu Prakash, Advocate [OPUC]

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Two CD Copies

HIGH COURT

DATED:16/06/2023

1 ni s'rarE oA
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JUDGMENT

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MACMA.No.2545 ot²⁰⁰⁷

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MACMA IS PARTLY ALLOWED.

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v7
t)
{--) /:'

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[³²⁰⁸ ]

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IN THE HIGH COURT FOR^{THE STATEOF TELANGANA} AT HYDERABAD

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FRIDAY, THE SIXTEENTH^{DAYOF 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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M .A.C.M.A. NO: 2545 OF²⁰⁰⁷

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Between:

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Suddala Parsharamulu, S/o.Venkataiah @^{Venkati Agriculture&Business} FL/o.Bommakal Village, Karimnagar^{Mandal & District.}

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...APPELLANT/PETITIONER

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AND

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Nerella Kankaiah, S/o.Ramakistaiah, Chakali^{Driver of Tractor/TrolleyNo.AP} 15 W 5984/5983, Fl/o.Bommakal Village,^{Karimnagar Mandal & District.}

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B.Anajaiah Goud, S/o.Veeraiah Owner of^{Tractor/Trolley No.AP15 W} 5984/5983 Rl/o.Bommakal Village,^{Karimnagar Mandal & District.}

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National lnsurance Company Limited,^{rep by its DivisionalManager,} Re g i ste red of f ice, 3 M id d leto n Street,^Po.stBo x$_t# fl {?' #3 "6.N%Et^irs

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Appeal under Section 173 of Motor Vehicles Act against^{the Order and decree} in TMVOP No.704 of 2005 dated 2710712O07 on the file^of the^{Court of the Chairman,} Motor Accidents Claims Tribunal --cum- V Additional District^{Judge, at Karimnagar.}

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ORDER: This appeal coming on for hearing and upon^perusing the^groundsof appeal, the Judgment and decree of the Lower Court and the material^papers in the case and upon hearing the arguments of Sri K.Vasudeva Reddy, Advocate for the Appellant and of Sri B.Kiran Kumar, Advocate for the Respondent No.2 and of Sri.P.Bhanu Prakash, Advocate for the Respondent No.3.

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This Court doth Order and decree as follows :

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That the MACMA be and hereby is allowed in^part.

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That the Respondent -lnsurance Company is directed to pay an amount of Rs.6,0001 to the petitioner towards compensation.

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That the compensation amount shall be deposited within a period of one mor(h from the date of the order.

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That on such deposit, the claimant appellant is entitled to withdraw the same.

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a l

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That save as aforesaid, the decree^{of the Lower Court shall stands confirmed} in all other respects; and

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That there be^{no order as to costsin this appeal-}

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//TRUE COPY//

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Sd/-V.KAVITHA ASSISTANT REGISTRAR €b SECTI,ON OFFICER

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The Chairman,^{I\ilotor AccidentsclaimsTribunal} -cum-^{v Additional District} Judge, at Karimnagar.

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Two CD Copies

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Kj d

HIGH COURT

DATED:16/06/2023

DECREE

MACMA.No.2545 of 2007

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MACMA IS PARTLY ALLOWED.

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Suddala Parsharamulu v. Nerella Kankaiah and 2 Ors.

Case brief

What is this about?

What did the court decide?

Suddala Parsharamulu v. Nerella Kankaiah and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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