Allowed

Mrs. H. Jamuna v. Tudaddy Bhulaxmi and 4 Others

Telangana HC15 Nov 2023MACMA/835/2011

Case brief

AI extract

What is this about?

This appeal concerns compensation for an accident death. The High Court allowed the appeal, holding that the Motor Accident Claims Fund must pay the awarded compensation because the Insurance Company had already settled related claims arising from the same accident.

What did the court decide?

The Insurance Company was directed to deposit Rs.2,28,000 with interest; the claimant wife was permitted to withdraw the amount without security.

Mrs. H. Jamuna Vs Tudaddy Bhulaxmi and 4 Others — Motor Accident Claims | Telangana HC (2023)

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[3m8]

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IN T}IE HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD

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WEDNESDAY, THE FIFTEENTH^DAY OFNOVEMBER TWO THOUSAND AND TWENTY^THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE^{P.SREE SUOHA}

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MOTOR ACCIDENT CIVIL MISC ELLANEOUS APPEAL^{NO: 835 0F 2011}

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Appeal filed under section 173 of Moto{ Vehicles^{Act against the order and} decree in M.V.O.P.NO. 1039 of 20O4 dated^{20.10.2008on the file of the Court of} the Chairman Molor Accident claims Tribunal-curn-District^{Judge at Khammam.}

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Between:

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Mrs. H. Jamuna, Wo. H. Narsimha Reddy,^{41 years, Owner of Tractor No. AP-} 25P-4329 with Trolley No. AP-25D-5603^{2-1-180, BharathRoad, Kamareddy'} Nizamabad District.

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1 "t RESPONDENT/APPELLANT

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ANO

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1 Tudaddy Bhulaxmi, W/o Late T. Gopala^{Krishna, 29 years, Occ: Household} 2 Tudaddy Sirisha, D/o Late T. Gopala^{Krishna, 12} Yearc,^{Occ: Student} 3 Tudaddy Surendra, S/o. Late T. Gopala Krishna,^{10 years. Occ:Student}

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(RRs 2 & 3 being minors Rep. by their Mother and natural Guardian i.e.,^the Respondent No.1)

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4 Tudaddy Kanakambaram, W/o. Late^{Ramulu, 50 years, Household} AIareFi/oNarayanapuramvilrase,Yeritil,salTltseLHL[l?ilEET,f i8,li"J*.

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The New lndia Assurance Company^{Limited,Representedby its Branch} Manager Branch Office 2-11-9012, Peckly Market^{Kamareddy -503111} Nizamabad District.

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...RESPONOENT/RESPONDENT

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Counsel for the Appellant: SRl. JTTHENDER^{RAO VEERAMALLA}

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Counsel for the Respondent Nos.1 to 4:^{SRIPRAKASHCHAKRAVARTHY}

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Counsel for the Respondent No.5: None^Appeared

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The Court made the following: JUOGMENT

\ I

i I

THE HONOURABLE SMT. JUSTICE P.SREE SI'DHA

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M.A.C.M.A.No.835 of 2O1 1

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JUDGMENT:

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-Learned^{counsel for the appellant is present and no} representation for respondents.

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This appeal is filed against. the judgment dated 2O.IO.2OOB in M.V.O.P.No. 1039 of 2O04 passed by the Court of the Motor Accidents Claims Tribunal (District Judge) at Khammam (for short the TribunalJ.

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Claim petition was filed by the wife and children of the deceased (Tudaddy Gopala Krishna) claiming Rs.2,50,O0O/- as the deceased met with an accident on 09.01.20O4 and the Tribunal has granted compensation Rs.2,28,OOO/- with interest at 7.5'% per annum from date of petition till the date of realization. It was held that the Insurance Company is not liabte to pay compensation and respondent No.l/appellant is liable to pay compensation-

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Learned counsel for the appellant submits that out of the said accident two other claim petitions were filed vide O.P.Nos.l555 ot 2OO4 and, 129 of 2OO5 and in both the matters

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1 I

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)

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Insurance Company compromised^{before the l,ok Adalath and} paid compensation. It is^{pertinent to note that as the Insurance} Company paid compensation^{inabove twocases i'e',} O.P.Nos.1555 of^{2OO4 and 129 of2OO5, they cannotbe} exempted from the^{liabilityin this case, as the deceased died in} the same accident.^{Since, in other claim petitionswhichare} arising out of the same^{accident, this Court had held that the} Insurance Company is^{liable to pay compensation'Therefore,} this MACMA is allowed^{directing respondent No'2-Insurance} Company to deposit^{the amount of Rs.2,28,00O/- with interest} QD^{7.5%from the date of petitiontitl the date of realization} within one^(O I ) month^{from the date of this order' On such} deposit claimant^No. 1/^{wife of the deceased, is permittedto} withdraw the entire amount^{along with the interest accrued} without furnishing any security.^{There shallbe no order as to} cos ts

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Miscellaneous petitions^{pending, ifany, shallstand}

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closed

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/ITRUE COPY//

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Sd/. MOHO.^TSMAIL ASSISTANT^REGISTRAR A^-

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SECN5N OFFICER

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1 The Chairman,^{Motor Accident Claim Tribunal-cum-Districtjudge'Khammam} (With Records)

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2 ijlJ'ic il"'sHr. JITHENDER^{RAo vEERAMALLA,Advo-c3te ioPUCl}

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J il;66 i6 s-ni.^{pnnxns-xcHAKRAVARTHY,Advocate[oPUCl} 4 Two CD Copies ipr

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o t\Y '

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HIGH COURT DATED:1 511112023

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JUDGMENT MACMA.No.83S of 2011

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ALLOWING THE MACMA WITHOUT COSTS

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IN THE HIGH COURT FOR^{THE STATE OF TELANGANA} AT HYDERABAD

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WEDNESDAY, THE FIFTEENTH^{DAY OF NOVEMAER} . TWOTHOUSANDANDTWENTYTHREE

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PRESENT

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THE HONOURABLE SMT JUSTICE^P.SREESUDHA

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MOTOR ACCIDENT CIVIL ISCELLANEOUS APPEAL NO: 835 OF^20'11

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Between:

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lvlrs. H. Jamuna, Wo. H. Narsimha Reddy,^{41 years, Owner of Tractor No. AP-} 25P-4329 with Trolley No. AP-25D-5603^{24-1AO, BharathRoad,Kamareddy,} Nizamabad District'

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1st RES,.NDENT/A,'ELLANT

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AND

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1 Tudaddy Bhulaxmi, W/o Late^{T. Gopala Krishna, 29 years' Occ: Household}

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2 Tudaddy Sirisha, D/o Late T. Gopala Krishna,^{12 yeats, Occ: Student} Tudaddy Surendra, Stro. Late T. Gopala^{Krishna,10 years, Occ:Student}

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(RRs 2 & 3 being minors Rep. by their Mother and^{nalural Guardian i'e., the} Respondent No.1 )

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4 Tudaddv Kanakambaram, Wo.^{Late Ramulu, 50 years, Household} ArrareR/oNarayanapuramvirrase,YerluJ,6[edl{tseL.fi L[l?fl EET,f J8,il"J*.

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The New lndia Assurance Company^{Limited,Representedby its Branch} Manager Branch Office 2-11-9012, Peckly^{Market Kamareddy - 503111} Nizamabad District.

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...RESPONDENT/RESPONDENT

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Appeal filed under section 173 of Motor Vehicles^{Act against the ord€rand} decree in M.V.O.P.NO- 1039 of 2004^{dated 20.10.2008on the file of the Court of} the Chairman Motor Accident claims Tribunal-cum-District^{Judge at Khammam.}

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ORDER: This appeal coming on for hearing^{and upon perusingthe grounds of} appeal, the Judgment and Decree of the^{Lower Courtand the materialpapers in the} case and upon hearing the arguments of SRl.^{JITHENDERRAO VEERAMALLA'} Advocate for the Appellant and of SRI^{PRAKASHCHAKRAVARTHY,Advocate for} the Respondent No. 1 to⁴ and^{None Appeared for the respondent No.s}

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The Court doth Order and Decree as follows:

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That the Motor Accident Civil Miscellaneous Appeal be and is hereby allowed;

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That the appellant submits that out of the said accident two other claim petitions were filed vide O.P.Nos. 1555 of 2OO4 and 129 of 2005 and in both are matters lnsurance Company compromised before Lok Adalath and^paid compensation;

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That the lnsurance company cannot be exempled from the liability in this case, as the deceased died in the same accident;

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That this appeal directing respondent No.2-lnsurance Company to deposit the amount of Rs.2,28,0001 with interest @ 7 .5o/o from the date of petition till the date of realization within one (01) month from the dated of this order;

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That on such deposit claimant No.1/ Wife of the deceased be and is hereby permitted to withdraw the entire amount along with the interest accrued without furnishing any security;

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That save as aforesaid, the decree and the^judgment of the Tribunal shall stand confirmed in all other respects; and

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

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Sd/. MOHD. ISMAIL //rRUE COPY// ASSISTANT REGISTRAR v

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sEcTtoN oFFtcER

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The Chairman, Motor Accident Claim Tribunal-cum-District judge, Khammam (With Records)

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Two CD Copies

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NI,"

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HIGH COURT DATED: 1511112023

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DECREE MACMA.No.835 of²⁰¹¹

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ALLOWING THE MACMA WITHOUT COSTS

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Mrs. H. Jamuna v. Tudaddy Bhulaxmi and 4 Others

Case brief

What is this about?

What did the court decide?

Mrs. H. Jamuna v. Tudaddy Bhulaxmi and 4 Others

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

Case details

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