Partly allowed

Reliance General Insurance Co. Ltd., v. Aedella Aparna

Telangana HC7 Dec 2023MACMA/937/2019

Case brief

AI extract

What is this about?

The High Court modified the MACT award by revising the deceased's income from Rs. 27,800 to Rs. 28,000 monthly, ignoring contributory negligence, and enhancing compensation to Rs. 60,94,220/ including interest at 7.5% per annum, while dismissing the insurer's appeal.

What did the court decide?

Modified MACT award to Rs. 60,94,220/- with interest at 7.5% per annum; insurer's appeal dismissed.

Reliance General Insurance Co. Ltd., Vs Aedella Aparna — Motor Accident Claims | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY ,THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE N.TUKARAMJI

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M,AC.M.A No:454 0F 2019

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AND

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M.AC.M.A NO. 937 0F 2019

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M.A.C.M.A. NO. 854 oF 2019

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Appeal Under Section 173 of M.V.Act aggrieved by the order and Decree dated^'18-01-2019 in MVOP No. '1071 0f 2016 0n1he tite of tne cnairman, Motor Accidents Claims Tribunal cum principal District Judge at Warangal

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Between:

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Aedella ._Aparna, Wo . late Aedella.Raju. Aged about 2l years, Occ. Housewife, residents of. Shayampet Vi a'ge an? Mandat, W-raijui bi.rr[t, presently residing at Gudepah Vi[bge, Atmlkur Mandat, warangii"oiit..r"t.^"-''

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Aedella Manashwitha Reddy, D/o late Sri Aedella Raju, aged 6 years, Occ. Student,

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?9li!o*l^No.2 .being.^minor, -represented^{by Her naturat mother, Aede} a Aparna, tne^pettttoner No.1 as Next Friend/Guardian.

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Aedella Srinivas, S/o Bondaiah, aged about 5g years, Occ. Nil. residents of Shayanpet Village and Mandal,^-Warangal Di6trict, presenfly *r,dilt ;i Gudepah Village, Atmakur Mandal, Warangt'al District.

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Aedella Radha, Wo SRinivas, aged 53 years, Occ. Housewife, residents of lLqfTpgl,_vllrs^e.^{and Manda[} .Warangat^{bishict,presentlv resioing} ii Uuoepah Vi age, Atmakur Mandal, Warangal Dstrict.

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Aedella Ranjith, s/o srinivas, 29 years, occ. student. residents of Shavamoer Vtttage and Mandal, Warang_ql District, presenfly residing at Gudepah Viilabe: Atmakur Mandal, Warangal District.

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Petitioners/ Claimants

AND

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1 Ch.Anianevulu, S/o^{Swamy, aged about 33 years, Occ'Driver of Crime} Vehiclb, R/o H-No.^{5-157, Bibinagar, Nalgonda District}

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2 M/s S.L.lnfra, represented^{by K.VenaktReddy' Age!Major, Occ' Ownerof} Ciih" VJni"ib, tvo^{MY FIL uomei, opp. VinivakaTemple,sakethDam, Mai} Guda Road, Kapra,^{Anantapur, Andhra Pradesh.}

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3 The Reliance General^lnsurance Company^{Ltd, Rep.by its Branch Manager,} Branch Office^at S.S.S.^{Plaza, 11-25-i311113112,M.G.Road, Warangal.}

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...RESPONDENTS/ ResPondents

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Counsel for the Appellant:^{SRl. G. ANANDAM}

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Counsel for the Respondent^{No.3: SRI GARLAPATI JITHENDERREDDY}

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Counsel for the Respondent^{Nos.1 & 2 : NONE APPEARED}

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.M.A. N .937 0F 2019

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Appeal Under Section 173 of M.V.Act^{aggrievedby the orderand Decree} dated 18-01-2019 in MVOP^{No. 1071of 2016 on the file of the Chairman, Motor} Accidents Claims Tribunal^{cum Principal District Judgeat Warangal}

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Between:

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Reliance General lnsurance Co.^{Ltd.,, rep by its Branch Manager,BranchOffice at} S.S.S. Plaza, # 11-25-13111,^{13112, M.G. Road, Warangal.}

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...APPELLANT/ ResPondent^No.3

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AND

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1 . Aedella Aparna, W/o.^{Late AedellaRa.iu, Aged 27 years, Occ Housewife.}

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Aedella Manashwitha^{Reddy, D/o. Late Aedella Raju, Aged3 years, Occ} Student. (Mino0.

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Aedella Srinivas,^{S/o. Bondaiah, aged 58 years'Occ: Nil.,}

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Aedella Radha, Wo. Srinivas,^{Aged 53 years, Occ: Housewife.}

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Aedella Ranlith, S/o. Srinivas^{aged 29 years, Occ: Student.( Respondent} No.2 being riinor is rep. by his^{mother and natural Guardian, the-respondent} No.1 herein ) . Respondents/ Petitioner

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All are Ryo. Shayampet village^{and Mandal, Warangal District, presently} residing at Gudepah Village, Atmakur^{Mandal, WarangalDist.}

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Ch. Anianeyulu, S/o. Swamy, aged^{33 years,} Occ^{Driver of Crime Vehicle,} Rl/o. H.No. 5-157, Bibinagar, Nalgonda District.

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M/s. S.L. INFRA, rep. by K.Venkat^Reddy, aged Majo1, Occ Owner of crime vehicle, R./o. MY FIL Homes, Opp Vinayaka Temple, Saketh Dam, Mai Guda Road, Kapra, Anantapur, AP. ...RESPONDENTS/RSPONDENT.I&2

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lA NO: 1 OF 2019

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Pelition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the pelition, the High Court may be pleased to grant stay of all further proceedings in pursuance of the order and, the decree dated 1g1-2019 passed in MVOP No.1071 of 2016 by the Chairman, Motor Accident claims Tribunal -cum- Principal District Judge, warangal pending disposal of the above appeal .

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Counsel for the Appellant: SRI T. MAHENDER RAO

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Counsel for the Respondents: NONE APPEARED

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The Court delivered the following Judgment

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HONOURABLE SRIJUSTICE P. SAM KOSHY AND HONOURABLE SRI JUSTICE N. TUKARAMJI

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M.A.C.M.A.No.854 OF 2019 AND M. C.M.A. o.937 OF 2079

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COMMON IUDGMENT: (pcr Hon'bl€ SriJusticc N. TukaraDii)

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The M.A.C.M.A.No.854 <tf 2019 has bcen preferred by rhe claim peticioners seeking enhance menr o F rhe awarded compensarion and the M.A.C.N{.A.No. 937 of 2019 has been filed by the respondent No.3/insurer disputing the liabiJiry and quantum of compensatio., ^*;r.l"d in decree and Award dated 18.01.2019 in M.V.O.P.No. 1071 of 2016 on rhe file of the Motor Accidents Claims I'riburral-cum-Principal District Judge, Warangal.

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$7e have heard Mr. G. Anandam, learned counsel for the petitioners and Mr. G. Jithendcr Reddy, learned counsel for the respondent No.3/insurer and perused the record.

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The parties are hereinafrer rcfcrred to as^.rhe pedrioners, and 'the insurer'.

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2 PSqJ&NTR.] NTACN{AS 854&917 allr)

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4.1 Thc case of the petirioncrs in brief is that on 09.06.2016 while Adella Raju/deceased was proceeding on motorcycle at about 10.50 a.m. near Nagaram Rampalli Chowrastha, a Ready Concrete Mix Iorry bearing Registration No. AP29V 6098 driven by its driver in rash and negligent manncr at high speed dashed the motorcycle of the deceased from rear and caused his instantaneous death. The wi[e, son, parents and brother o[ the deceased/petitioners by claiming that the deccased was aged 31 years and used to earn ILs.10 lakhs per annum as Medical Representative in Glaxo Smithklinc Private Company and form the agriculture and the death has resulted ln their loss of dependency, prayed for compensation of Rs. One Crore against the driver, ownet and insurer of the lorry.

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4.2 In enquiry the wi [e o[ the deceased testified examined as PW-1 and marked Exs:A-l to A-8.^The eyewitness,/PW-2 and the Assistant Administrauve Manager of the deceased's employer/PV-3 wete examined and^marked Exs:X-1 to X-3. On the other hand, the respondent No.3/insurer got examioed its

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PSK,'&',t R,l \l (l\1.\t u51&9',!7 20 t9

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Legal Manager as RW-1 and marked lixs:B_1 to B-4 ar,d the Senior Assistant flrom Road Transporr Authority, Bhongir/RW-2, and marked Exs:X-4 and X-5.

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4.3 T'he tribunal on merits allowed the petition in part and awarded Rs.55,34,032/ - with intere s t at 7.5o/o per annum From the date of the pedtion dll the date o[ reabzatton and held the driver, owner and the insurer/respondents 1 to 3 liable.

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In appeal, the learned counsel for the pedrioners would contend that rhe tribunal had erred in [rxing the income of the deceased at Rs.27,800/- per monrh, though the salary certificate and bank statement/Exs:A-6 and A-7 are showing deceased at Rs.1,00,000/- per month on an average. The tribunal also failed to consider the deduction o[ personal expenses at 1f 4th and appropriate consortium to the petitioners. Therefore, prayed for reconsiderarion and to iust compensation.

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Learned counsel lor the insurer has contested that the ..tribunal flailed to propedy appreciare the aspect of contributory

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l,sK,l&N l R.l \I ( \1.\r Irt,1&917 2(Jt9

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negligence and arbirrarily concluded the rash and negligent driving of the lorry in the accidcnt. Further no material has been placed to prove that thc tax was deduction at source and the

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intercst awarded on the compensadon is exce ssive.

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In the rival pleadings, the points arisc for determinauon

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ate

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a) Whether the tribur.ral has ignored the conrributory negligence as claimed by the insurer?

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b) )Thether the compensation awarded to the petirioners is iust^{and proper?}

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8 The specific case of the pedrioners is rhat the accident

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occurred as the lorry struck the motorcycle from behind. This version is substantiated by the eyewitness/PW-2 and the charge sheet/Ex.A-2. The insurer has not made out any aspecr during cross examination o[ eyewitnes s/PW-2 pointing out any circumstance at least to in fer negligence on the part of the deceased in the accident. In rhis factual position, more so as the accident occurred as the lorrv dashed the motorcycle oF the

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PSR,I&N1R,l M-\CNI,\s 85{Lrt7 lrlt9

.r"

deceased from rear side, no substance is found in the contention of the conrributory negligence raised by thc insurer

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In regard to compensadon, the age o[ the deceased at 31 years and the employment as medical representative in Glaxo Smithkline Private Company are flor in dispute. The evidence oF PW-3 is indicaring that the deceased was earning Rs.2g,000/_. He also stated that an incentive of Rs. 1,00,000/- per quartcr and an incremenr of Rs.50,000/- per annum would be 6aven to rhe employees. In absence of any document and as rhe referred incentive and increments are based on performance, the regular gross monrhly salary of Rs.28 ,000 / - can be taken as income afrer deducting the income and professional rax, Accordingly, the annual income o[ the deceased would be at Rs.3,25,240/ _. Admrttedly the occupation of the deceased is medical representative on regular rolls of the employer company. -I'herefore, the employment rhough in private sector can be considered as permanent and having regard to the agc, 50o/o of the annual income has to be added towards future prospects I

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r{iK.l&NTR,l \l (lI{As 8:,1&9'}l 1)19

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which would make the anflual income ar lts.4,87,860/Excluding the brother, as rhe dependants are four in number, 7 f 4tr has to be deducted towards personal cxpendrture, then thc contribution of the deceased ro the Family would be Rs.3,65,895/-. This mult-iplicand iF multiplied wrth the relevant multiplier to the age of the deceased i.c. 16, as prescribed in the judgment of S arla Verma and olhers us. De/hi Transpon Corporation and anothel. the total comes to Rs.58,54,320/ .^-I-he pedtioners are entided to this sum i.e. Rs.58,54,320/- for loss o[ dependency

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In addition, as per the dircctivcs of the Constitutional Bench o[ the Hon'ble Supreme Court in National Inrranrc Conparyt Lld. us. Pranal Sethi aad otheri,^{Magma Ceneral Insurance} Companl Linited r. Nana Ram @ Chahra^{Ramand others)} and United lndia Inrurance Co@ary^lLd. u. Sainder^Kaar @^Santtinder Ktur and otherl the petitioners 1,2,3 & 4 are^{entided for spousal, parental} and^{Ffial consordum at Rs.48,400/- each and also Rs.36,300/-}

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| 2oo9 AcJ 1298 I(2or?) r6 scc 860

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r (2018) 18 SCC 130

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'^{2021(11)SCC780}

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I'it.l&\ I t(.i \l \r^'N .. x;-I](;t7 tur,

I I

,-. +-!ei:

rovards loss of estate and luneral expenses. Thus, in all the pctrtroners arc entided for compensation oI Rs.60,94,220/_ (tupees sixry lakhs eighry four thousand two hundred and 7.5o/o per annum and the lwenty only).^'Ihe rate of interest ^t apporttonment among the petitioners shall be in same rcrms as granted in the impugned Award

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11 Accordingly, the Award dated 18.01.2019 in M.V.O.p.No. 1011. o{ 2016 on the file of the Motor Accidents Claims 'Iribunal-cum-Principal District Judge, Warangal stands modified

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In the result, the M.A.C.M.A.No.g54 of 2019 trled by the peudoners is allowed in part with proportionare costs and the M.A.C.M.A.No.937 of 2019 Frled by the insurer/respondenr

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No.3 is dismissed, without costs.

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PSK,I&Ntn,l IrL(;i{As 8;1&937_2019

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(

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As a sequcl, pending miscellaneous peririons if any, stands

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closed.

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SNI. MOHD. SANAULLAH^ANSARI ASSISTANT^REGISTRAR

//TRUE^COPY//

SECTION^OFFICER

The^{Chairman, Motor Accidents Claims Tribunal - cum- Principal District} Judge, Waragnal^{( with records)}

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z. il""-cC^{r. Sii c Ananaam, Advocate} '^(oPUCl- .^. .s. 6;; ca io sri o. Jithender Reddv' Advocatt (9.?y9)

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;. o;; aa^{io sti r. u"n"naer Rao' Advocate(oPUc)}

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Two^C.D.CoPies

I I

HIGH COURT

DATED:OIl12l2O23

COMMON JUDGMENT

M.AC.M.A. NO: 854 OF 2019

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AND

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M.A.C.M.A. . 937 0F 2019

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PARTLY ALLOWING THE MACMA NO. 854 OF 2OI9 WITH PROPORTIONATE COSTS AND DISMISSING

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THE MACMA NO. 937 OF 2OI9 WITHOUI COSTS

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C,li'A
C'
5

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY,THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE N.TUKARAMJI

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M.A.C.M.A. NO: 854 OF 2019

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AND

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M.A.C.M.A. NO. 937 0F 2019

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M.A.C.M.A NO. 854 0F 2019

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Between:

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1 Aedella -Aparna, W/o late Aedella.Raju. Aged about 27 years, Occ. Housewife, residents of Shayampet Village and Mandal, Warangal District, presently residing at Gudepah Village, Atmakur lvlandal, Warangal District.

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2 Aedella Manashwitha Reddy, D/o late Sri Aedella Raiu, aged 6 years, Occ. Student,

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Petitioner No.2 being minor, represented by Her natural mother, Aedella Aparna, the Petitioner No.1 as Next Friend/G uardian.

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Aedella Srinivas, S/o Bondaiah, aged about 58 years, Occ. Nil. residents of Shayampet Village and Mandal, Warangal District, presently residing at Gudepah Village, Atmakur Mandal, Warangal District.

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4 Aedella Radha, W/o SRinivas, aged 53 years, Occ. Housewife, residents of Shayampet Village and Mandal, Warangal District, presently residing at Gudepah Village, Atmakur Mandal, Warangal District.

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5 Aedella Ranjith, S/o Srinivas, 29 years, Occ. Student. residents of Shayampet Village and Mandal, Warangal District, presently residing at Gudepah Village, Atmakur Mandal, Warangal District.

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... Petitioners/ Claimants

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AND

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Ch.Anjaneyulu, S/o Swamy, aged about 33 years, Occ. Driver of Crime Vehicle, R/o H.No. 5-157, Bibinagar, Nalgonda District.

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2 [lp^S !,t1f1q,^{rgpresented by K.Venakt Reddy,Aged Major,Occ Owner} of Crime Vehicle, Rl/o MY FIL Homes, Opp. ViniyakZ Temdte; Saketh Dam, Mai Guda Road, Kapra, Anantapur, Andhra pradeih.

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3 The Reliance General lnsurance_C-omp-any L!d, Rep by its Branch Manager, Branch Office at S.S.S.^ptaza, 11-25-i31t1 13112,lt,1 d.Roao, warJngai"-^'

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...RESPONDENTS/ Respondents

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Appeal Under Section 173 of M.V.Act aggrieved by the order and Decree dated 18-01-2019 in MVOP No.^.1071 of 2016 on the fite of the Chairman, Motor Accidents Claims Tribunal cum principal District Judge at Warangal

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This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower court and the materrar pipers in the case lnd^rp9n^{hearing the arguments of Sri G. Anandam, Advocate for the appellant} and sri Garlapati.Jithender Reddy, Advocate for Respondent No. 3 and none appeared Respondent Nos. 1&2

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M.AC.M.A. NO.937 0F 2019

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Between:

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Reliance General lnsurance C9 _ Ud,,,^{repby its Branch Manager, Branch} Office at S.S.S. Plaza, # 11-25-131t1, 131i2, M.G.'Road, Warangat.

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...APPELLANT/ Respondent No. 3

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AND

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Aedella Aparna, W/o. Late Aedella Raju, Aged 27 yea.f., Occ Housewife.

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Aedella Manashwitha Reddy, D/o. Late Aedella Raju, Aged 3 years, Occ Student. (Minor).

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Aedella Srinivas, S/o. Bondaiah, aged 58 years, Occ: Nil.,

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Aedella Radha, Wo. Srinivas, Aged 53 years, Occ: Housewife.

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5 Aed^ella Ranjith, S/o. Srinivas aged_29 years, Occ: Student. ( Respondent No 2 being_minor is rep. by his irother'and naturar Guardian, tneiespbnJent No.] nerern ) ._ Respondents/^peiitioner

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Itlg-19^W9 ^Sngyampel.vittage^{and Mandat,Warangat Disrrict, presentty} resrdtng at Gudepah Village, Atmakur Mandal, Waringal Dist.^'

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Ch. Anjaneyulu, S{o Swamy,.aged 3p years, Occ Driver of Crime Vehicte, R/o. H.No. 5-157, Bibinagar, Nalgonda-District_

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M/s, S.L. INF.BA, ,ep. by K.Venkat Reddy, aged Major. Occ Owner of crime vehicle, R/o. My FtL Ho'mes, Opp Vinayika iempte', Satetn Orr, frrfriCri, Road,Kapra,Anantapur,Ap. ...frespor.rberlrslnespor.ioENiiiz

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Appeal Under Sec{ion 173 of M.V.Act aggrieved by^{the order and Decree dated} 18-01-2019 in MVOP No. 1071 of 2016^{on the file of the Chairman, Motor} Accidents Claims Tribunal cum Principal^{District Judge at Warangal}

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This appeal coming on for hearing and upon^perusing the^{grounds of appeal,} the Judgment and Decree of the Lower Court and the^{material papersin thecase} and upon hearing the arguments of Sri T.^{Mahender Rao,Advocatefor the appellant} and none appeared for the^Respondents-

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This Court doth order and decree as follows

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That the M.AC.M.A. No. 937 ot^{2O19 filed by the insurer/ respondent} No.3 be and hereby is dismissed ,^{withoutcosts.}

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That the M.A.C.M.A.No. 854 of 2019^{filed by the petitioners be and} hereby are partly allowed.

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That the Award dated 18-01-2019^{in M.V.O.P.No.10710f 2016 0n the file} of the file of the Motor Accidents^{Claims Tribunal} -^{cum-Principal} District Judge, Warangal be and^{hereby is modified.}

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That the Petitioners be and herby are^{entitledfor compensation of Rs.} 6O,U,22O|- ( Rupees sixty lakhs^{eighty four thousand two hundredand} twenty only )

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