Partly allowed

Pishati Shekar Reddy v. v.Prabhakar and Anr.

Telangana HC7 Jul 2023MACMA/2650/2008

Case brief

AI extract

What is this about?

Appeal against a Motor Accident Claims Tribunal order awarding Rs. 22,000 as compensation for injuries. The High Court enhanced the award to Rs. 95,000, covering medical expenses, pain and suffering, loss of earning, and other heads of damage.

What did the court decide?

Challengers compensation enhanced from Rs. 22,000 to Rs. 95,000 with interest; Insurance company directed to deposit the amount.

Pishati Shekar Reddy Vs v.Prabhakar and Anr. — 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 SEVENTH^DAY OF JULY TWO THOUSAND AND TWENTYTHREE

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PRESENT

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THE HONOURABLE SMT. JUSTICE^P.SREE SUDHA

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL^{NO:2650OF 2008}

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Appeal filed under Section 173 of Motor Vehicles^Act against the^judgmentand decree in O.P.No.'1309 ot 2002 dated 23.08.2004 on the file^of the^Court of^the Chairman, Motor Accident Claims Tribunal-cum- lV Additional District Judge,^ll FTC, Nalgonda.

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Between:

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Pishati Shekar Reddy S/o.Latchi reddy, Age: 27 yeas, Occ: Driver R/o.Chityal village and Mandal, Nalgonda District. Presently Rl/o.Miniguda, Nalgonda Town.

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...APPELLANT/CLAIMANT

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AND

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V.Prabhakar, S/o.Appaiah., Age: Major, Owner of^Lorry C/o.Durga^Lorry Transport, Main Road, Kodad, Nalgonda^District.

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The Oriental lnsurance Co Ltd, rep^by its Divisional Manager^{The Divisional} Manager, Oriental lnsurance Co Ltd., Divisional Office Alankar Theatre^Road,

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...RESPONDENTS/ RESPONDENTS

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Counsel for the Appellant : Sri CHANDRASEKHAR^{REDDY GOPIREDDY}

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Counsel for Respondent No.2 : M/s.^{P. SATYA MANJULA}

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Counsel for Respondent No.1 :^Noneappeared

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The Court made the following: JUDGMENT

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THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

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M.A.C.M.A. No.265() of 2OO8

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JUDGMENT:

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This appeal is hled against the order dated 23.08.20O4 in M.V.O.P.No. 13O9 of 2OO2 passed by the Chairman, Motor Accident Claims Tribunal-ctrm-lV Additional District Judge, Nalgonda.

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The appellant/petitioner has filed M.V.O.P.No. l3O9 of 2OO2 claiming compensation of an amount of Rs. 1,OO,O0O/- for the injuries sustained in the motor accident ald the trial Court has granted an amount of Rs.22,OOO/- with interest at the rate of 9ok p.a., from the date of petition till the date of realization. Aggrieved by the said order, this appeal is frled by the appellant/ petitioner.

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The appellant/petitioner has examined PW.2/Doctor and marked Ex.A4 disabilit5r certifrcate. PW.2 is working as Medical Officer in Gandhi Hospital, Secunderabad and stated that peLitioner is suffering with post traumatic of left knee which was caused by the injuries received in the accident. Due to the said stiffness, he assessed the disability at 35%. He sustained fracture of closed shaft femur of left middle 1/3ra. He also hled Ex.AS bunch

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PSS,J r,a,c. .r- 110,265() 0f 2008

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of medical bills and^{Ex.A8X-ray films. The appellant/petitioner} was working as driver and^{earningRs.4,OOO/- per month.}

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Considering t1le nature of the^{injuries,this Court frnds it} reasonable to grant an^{amountof Rs.25,0OO/- for the injuries,} Rs.10,OO0/- for^{pain and suffering, Rs'5,000/-for loss of earning,} Rs.5,OO0/- for extra nourishment,^{Rs.5,0O0/-for transportation,} Rs.35,0O0/- for medica,l^{expensesand Rs. 10,0OO} I^{'for loss of} amenltles

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Therefore, the appellant/^{petitionerisentitled forthe}

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compensation in the following^terms:

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1	[,oss ofearnings	Rs.5,0o0/-
2	Medicalexpenses	Rs.35,o00/-
.)	Painandsuffering	Rs.10,000/-
4	Transportation	Rs.5,000/-
5	Extra nourishment	Rs.5,000/-
6	Lossofamenities	Rs.10,000/-
7	Injuries	Rs.25,000
	TOTAL	Rs.95,OOO/-

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In the result, the appeal is^{partly allowedby enhancing the} compensation from Rs.22,0OO/-^{to Rs.95,000/- (Rupees Ninety}

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PSS,J Irl.A.c.Dt.a. tao.2650 0r 2008

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Five Thousand only) with interest at the rate of T.5o/r, p.zt., lrom the date of petition till the date of realization. Respondent Nos.1 and 2 are jointly and severally liable to pay the compensation and respondent No.2 is directed to deposit the entire amoulrt within a period of one month from the date of receipt of a copy of this judgment. On such deposit, the appellant/petitioner is entitled to withdraw the entire amount along with interest accruecl on it. There shall be no order as to costs.

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Pending Miscellaneous Petitions, if any, stand clost:d.

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Sd/. B. CHANORA PRAKASH ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Chairman, Motor Accident Claims Tribunal-cum- lV Additional District Judge, ll FTC, Nalgonda.

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One CC to Sri CHANDRASEKHAR REDDY GOP|REDDY, Advocate [OpUC]

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One CC to M/s. P. SATYA MANJULA, Advocate [OPUC]

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Two CD Copies

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NJB t F'"--

HIGH COURT

PSS,J

DATED:0710712023

JUDGMENT + DECREE

.-i , STAIE:
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MACMA.No.2650 of 2008

PARTLY ALLOWING THE

MACMA IVITHOUT COSTS

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY,THE SEVENTH DAY OF JULY 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 ctvtL MtscE LLANEOUS APP EAL NO: 2650 oF 2008

¶62

Between:

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Pishati Shekar Reddy, S/o.Latchi reddy, Age: 27 years, Occ: Driver R!/o.Chityal village and Mandal, Nalgonda Distiict. pres-ently Rl/o.Mirriguda, Nalgond a Town.

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...APPELLANT/CLAIMANT

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AND

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V.Prabhakar, S/o_.Appaiah., Age: Major, Owner of Lorry C/o.Durga Lorry Transport, Main Road, Kodad; Nalgdnda District.

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The Oriental lnsurance Co Ltd_, rep by its Divisional Manager The Divisional Manager, Oriental lnsurance Co Ltd., Divisional Office Ala-nkar Theatre Roid,

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...RESPONDENTS/ RESPONDENTS

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Appeal filed under Section 173 of Motor Vehicles Act against the judgment and decree in o.P.No.1309 of 2oo2 dated 23.08.2004 on the file of the court of the Chairman, Motor Accident Claims Tribunal-cum- lV Additional District Judge, ll FTC, Nalgonda.

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ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Jr-rdgment and Decree of the Lower Court and the material papers in the case and upon hearing the arguments of Sri CHANDRASEKHAR REDDY GOPIREDDY, Advocate for the Appeflant and, M/s. p. SATYA MANJULA, Advocate for the Respondent No.2.

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This Court doth Order and Decree as follows:-

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'1. That the MACMA be and hereby is parfly allowed by enhancing the compensation from Rs. 22,OOO|- to Rs. 95,000/- (Rupees Ninety Five thousand only) with an interest at the rate of 7 .So/o per annum from the date of Petition till the date of realization.

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That the respondent Nos. 1 and 2 be and hereby are joinfly and severafly liable to pay the compensation.

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That the respondent No.2 be and hereby is directed to deposit the entire amount within a period of one month from the date of receipt of a copy of this Judgment.

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That, on such deposit, the appefianupetitioner be and hereby is entifled to withdraw the entire amount along with interest accrued on it;

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

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Sd/- B. CHANDRA PRAKASH ASSISTANT REGTSTRAR

To,

//TRUE COPY//

'g--^-

SECTION OFFICER

1 The chairman, Motor Accident claims Tribunar-cum- rv Additionar District Judge, ll FTC, Nalgonda.

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2 Two CD Copies

NJB

.--

\ {

HIGH COURT

PSS,J

DATED:0710712023

DECREE

MACMA.No.2650 of 2008

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PARTLY ALLOWING THE

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MACMA WITHOUT COSTS

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Pishati Shekar Reddy v. v.Prabhakar and Anr.

Case brief

What is this about?

What did the court decide?

Pishati Shekar Reddy v. v.Prabhakar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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