The High Court allowed the motor accident appeal in part. Holding the Tribunal's award of Rs. 5,000 for four simple injuries was meagre, the Court enhanced the compensation to Rs. 20,000 and adjusted the interest rate to 7.5% per annum.
Compensation enhanced from Rs. 5,000 to Rs. 20,000 with interest at 7.5% per annum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3304 ]
HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
WEDNESDAY,THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE NAMAVARAPURAJESHWARRAO
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEALNO: 2989 OF 2011
Appeal under Section 173 ofMotor Vehicles Act against the order and decreein O.P.No. 627 of 1999 dated15.02.2002on the file of the Court of the Chairman,Motor Accident Claims Tribunal -cum -Principal District Judge, Nalgonda. Between:
Mali Tulsi Bai, W/o. Mali Dev Singh, Age: 40years, Occ:TailoringRyo. lndla Kotaiahgudem VillageNidamanoor Mandal Nalgonda District.
...APPELLANT(PETITIONER)
AND
...RESPONDENTS(RESPONDENTS)
Counsel for the Appellant :Sri vENKATREDDYTHIPPARTHI
Counsel for Respondent No.2 :Sri SRINIVASARAO VUTLA
Counsel for Respondent No.1 :None appeared
The Court delivered the following: JUDGMENT
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
M.A.C.M.A No.2989 of 2OlI-
JUDGMENT
This appeal is filed by the Appellant/petitioner under Section.173 of the Motor Vehicles Act, aggrieved by the common Order and decree dt. 15.02.2002 in O.P No.627 of 1999, on the file of the Chairman, Motor Accidents Claims Tribunal, (Principal District Judge), at Nalgonda. (for short, 'the Tribunal').
RRN,J MACMA No.29E9OF 2011
2
g. Per contra,learned counsel for respondent No'2 submitted that the Tribunalhas rightly awardedthe compensation against the respondents andno interference is required by this Court' Accordingly, prayedto dismissthe appeal'
3
RRN,J MACMA No.2989 OF 2011
which has to come Rs.2O,OO0 (5,000 x a).
| Head | Amount arrived at by the Tribunal |
Amount arrivedatby thisCourt |
|---|---|---|
| Simpteinjury | Rs.5,OOO/- | Rs-2O,OOO/- |
| Total | Rs.5,0OO/' | Rs.2O,OOO/- |
rate of interest was prevailing at that time. Nou', this Court is granting interest on enhanced amount as 7 .So/u p.a.
RRN,J MACMANo.29E9 OF2011
4
realisation.ResPondentsaredirectedto dePosit the above said amountalong with interest and costs within two months from receiptof a coPYof this judgment'The petitioneris Permittedto withdrawthe entire amountuponsuch deposit' There shallbe no orderas to costs'
As asequel, miscellaneousapplications'if any pending'
shall standclosed'
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SECTI0T6FFICER
To,
1 The jXEs::'f,UG;;'d;-(wittr chairman, IMotor Accident Clgims.Tribunal recoras'ir anvl- cum - Principal District
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HIGH COURT
DATED:2310812023
JUDGMENT + DECREE
MACMA.No.2989 of 2011
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PARTLY ALLOWING THE MACMA
WITHOUT COSTS
[3304 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY ,THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWARRAO
MOTOR ACCIDENT CIVIL MISCEL EOUS APPEAL NO: 2989 OF 2011
Between:
Mali Tulsi Bai, Wo. Mali Dev Singh, Age:40years, Occ: TailoringRJo. lndla Kotaiahgudem Village Nidamanoor Mandal Nalgonda District.
...APPELLANT(PETITIONER)
AND
...RESPONDENTS(RESPONDENTS)
Appeal under Section 173 of Motor Vehicles Act against the orderand decreein O.P-No, 627 of 1999 dated 15.O2.2OO2 on the file of the Courtof the Chairman,Motor Accident Claims Tribunal - cum - Principal District Judge,Nalgonda.
ORDER: This appeal coming on for hearing andupon perusing the grounds of appeal, the Judgment and Decree of the LowerCourt andthe material papersin the case and upon hearing the arguments of Sri VENKATREDDYTHIPPARTHI, Advocate for the Appellant and of Sri SRINIVASA RAO VUTLA,Advocate for the Respondent No.2 and None appeared for RespondentNo.1.
This Court doth order and decree as follows:-
Twenty thousand Rupees onry) with costs and interest at 7.so/o from the date of petition till the date of realization;
To,
Sd/- MOHD. TSMAIL ASSISTANT RCG)STRAR //TRUE COPY// secrloril#rrcen
Asr/njb -r,--
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HIGH COURT
DATED:2310812023
DECREE
MACMA.No.2989 of 2011
PARTLY ALLOWING THE MACMA WITHOUT COSTS
Ss"
2 issues framed by the court
Whether the compensation awarded by the Tribunal for injuries needs to be enhanced?
What is the appropriate amount of interest to be awarded on the enhanced compensation?
1 provisions across 1 enactments
Mali Tulsi Bai
N. Jayaram
The United India Insurance Co. Ltd.
Namavaru Rajeshwar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
