Allowed

Boini Ramulu v. K. Narsimulu and Another

Telangana HC6 Aug 2024MACMA/1490/2010

Case brief

AI extract

What is this about?

The Single Judge allowed appeals filed by two injured victims seeking enhanced compensation. Enhancing the awarded amounts to Rs. 7,50,827 for one claimant and Rs. 80,832 for the other, the Court granted interest and ordered the respondents to deposit the sum within six weeks, making it withdrawable by the claimants.

What did the court decide?

Enhanced compensation awarded; Interest at 7.5% p.a. granted; Respondents directed to deposit amounts within six weeks.

Boini Ramulu Vs K. Narsimulu and Another — Pension and Retirement Benefits | Telangana HC (2024)

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[³²⁵¹ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

¶6

MACMA Nos. 1488 OF 2010 AND 1490 OF 2010

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MACMA No. 1488 OF 2010

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Appeal filed Under Section 173 of Motor Vehicles Act,19BB against^{the Order} and decree in IV.V.O.P.No.632 of 2008 dated 07-06-2010 on the^file of the^{Court of} the Motor Vehicle Accident Claims Tribunal-cum- lll Additional^District and^Sessions Judge[ FTC] at Medak.

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Between:

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Boini Vemaiah, S/o Ramulu, Occ: Auto Driver, R/o Gorrekal Village,^Alladurg Mandal, Itledak District.

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...Appe Ila nUCla imant

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AND

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K. Narsimulu S/o Kistaiah, age major, Owner of lorry no. AP^{23 V} 6706 R/o D.No.2-36 Ghanpur, Patancheruvu Mandal, tt/edak District.

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M/S Oreintal lnsurance Company Limited, Rep.by Divisional^Manager, Hyderabad.

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...Respondents/Respondents

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Counsel for the Appellant : Sri Palle Sriharinath

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Counsel for the Respondent No.2 :Sri Kota Subba Rao

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MACMA NO: 1490 OF 2010

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Appeal filed Under Section 173 of tt/otor Vehicles Act, 1 9BB against the Order and decree in M.V.O.P.No.633 of 2008 dated 07-06-2010 or the file of the Court of the lVotor Vehicle Accident Claims Tribunal-cum- lll Additional District and Sessions Judge[ FTC] at [\4edak

¶21

Between:

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Boini Ramulu, S/o. ramaiah, Occ Mason Worket R/o. gorrekal Village, Alladurg ttlandal, Medak Drstrict.

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...Ap pellanUClaima nt

¶24

AND

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K. Narsimulu S/o. Kistaiah, Occ: Owner of Lorry No. AF:-23-V-6706 R-/o. D.No. 2-36, Ghanpur, Patancheruvu Mandal, Medak District.

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Mls. Oriental lnsurance Company Limited, Representer.l by its Divisional lt/anager l-lyderabad.

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. .. Respondents

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Counsel for the Appellant : Sri Palle Sriharinath

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Counsel for the Respondent No.2 :Sri Kota Subba Rao

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The Court delivered the following: Common Judgment

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iaryr

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THE HONOURABLE SRI IUSTICE K.SURENDER

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M.A.C.M.A.Nos.1488 of 2010 and 1490 of²⁰¹⁰

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COMMON IUDGMENT:

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Aggrieved by the order dated 07.06.2010 in^{O.P.No.632 of} 2008 passed by the Motor Accident Claims Tribuna-cum-Ill^Addl. District and Sessions iudge (FTC) at Medak,^{the claimantsnamely} Boini Vemaiah, has filed MACMA No.1488 of^{2010 seeking} compensatioru while another claimant, namely Boini^Ramulu, filed MACMA No.1490 of 2010, aggrieved by the order^dated 07.06.2010 in O.P.No.633 of 2008 on the file of the same^Tribunal.

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Both the claimants are injured in the same acciden! however, they have filed two different applications^seeking compensation- Since both the appeals are arising out of^{the same} accident, they are disposed off by way of this^{common judgment.}

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Heard both sides and perused the entire material^on record.

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The clairn petitions, i.e., O.P.Nos.632 and 633 of^2008, were filed seeking compensation of Rs.3,00,000/-^and

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KS, J A{ACMA_1488_2010 and 1490_2010

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Rs.2,00,000/- respectively. The said petitions vzere filed by the

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claimants to enhance the compensation amounl arvarded by the learned Tribunal.

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The claimant in O.P.No.632 of 2008 u.as aged around twenty (20) years as on the date of accident anti the claimant in O.P.No.63-', of 2008 was aged around 38 years as on the date of accident. While the claimants were going on their motorcycle, the offending vel-ricle, which is a lorry driven by its; clriver in a rash and r-regligent manner, hit the motorcycle, resulhng in Grade-II compound fracture to both bones of right leg, r'rr.ulsion fracture lateral conrlyle right femur, Grade III B compound Fracture right patella knt:e cap with curt quadriceps Tendon, Fracture later condyle right femur, and Right leg upper third fractures to both bones. Appellants were treated in Government .Iospital, |ogipet and Gandhi Hospital, Secunderabad.

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6 P\ '2 is the Doctor who was exan.ined from the

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Orthopedic department of the Gandhi Hospital. }{e stated that on account of the accidenf there was a deformity ol' right knee joint

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,t{}.

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KS,I MACMA_1488 2010 and 1490 2m0

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and stiffness on right knee^joint and appellant in MACMA NoJ488 of 2010 cannot squat/ sit and walk properly and his partial and permanent disability would be 50%, and cannot do activities as normal person. The manner in which the accident had taken place and liability of the Insurance Company is not in dispute.

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As per the evidence available on record, the claimant in M.A.C.M.A.No.1488 of 2070 has incurred an amount of Rs.35,827 / -, and the claimant in M.A.C.M.A.No.1490 of 2010 has incurred an amount of Rs.832/ -, towards medical bills and this Court is not going to interfere with the said findings.

¶51

For the injuries sustained, the Tribulal has granted an amount of Rs.30,000/-. As per the injury certificates/Exs.A2 and A3, the claimant has sustained five grievous injuries, for which they are entitled to an amount of Rs.60,000/- (Rs.12,000X5).

¶52

Because of the injuries sustained by the claimants, as it takes considerable time to recover, the claimants are entitled for

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KS,I I4ACMA 1488 2010 and 7490 20lO

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Rs.10,000/- under the head of loss of incorre. Further, the claimant is granted an amount of Rs.50,000/- uncler the head of pain and suffering.

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UrLder the other conventional heads, 1he Tribunal has granted meager amounts. Flence, the claimant is entitled to Rs.5,000/- each towards transportation, exka nourishment, and attendant c harges.

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In the light of the above discussion, each of the claimant is

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entitled for the following compensation under diiferent heads:

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Head Compensation awarded

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N4ACMA No.1488 of 2010/MACMA No.149( of2010

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(1) Fra cture Injuries Rs.50,000 Rs.50,000 (2) Medical expenditure Rs.35,827 Rs.832 (3) Pain and suffering Rs.50,000 Rs.50,000 (4) Loss of Pay Rs.10,000 Rs.10,000 (s) Transportation Rs.5,000 Rs.5,000 (6) Extra Nourishment Rs.5,000 Rs.5,000 (7) Attendant Charges Rs.5,000 3.s.5,000

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Total compensation awarded Rs.7,50,827/- Rs.80,83l-

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In the result, the MACMA No.1488 of 2010 is allowed

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enhancing the compensation amount awarded by the Tribunal

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KS, J MACMA_1488_2010 and 1490_2010

¶66

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,,';rr;'-:w',i.1.3a',: :aaaaa -::lr

¶68

from Rs.91,827/- to Rs.1,,50,827/-, and the MACMA No.1490 of 2010 is allowed enhancing the compensation amount awarded by the Tribunal from Rs.67,832/- to Rs.80,832/ -, as hereunder:

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(a) The compensation amount shall carry interesi at7.5%

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p.a., from the date of petition till the date of realization

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(c) The respondents shall deposit the amount within a period of, (8) weeks from the date of receipt of copy of judgment. On such deposit each of the claimant is permitted to withdraw their respective compensation amount without furnishing any security.

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Pending miscellaneous petitions, lf any, shall stand

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closed. No order as to costs.

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SD/- MOHD.ISMAIL DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Motor Vehicle^{Accident Claims Tribunal-cum-} lll Additional District^and Sessions Judge[ FTC] at^{Medak.(With records)}

¶79

One CC to Sri Palle Sriharinath,^Advocate [OPUC] 3. One CC to Sri Kota Subba^Rao,Advocate [OPUC]

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Two CD CoPies

ADK/PSL *(!

HIGH COURT

DATED:0610812024

COMMON JUDGMENT

MACMA.No.1488 and 1490 of 2010

¶86

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¶87

ALLOWING THE MACMA.Nos.1488 OF 2010 AND 1490 0F 2010

¶88

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

¶91

PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

¶93

MACMA No. 1488 OF 2010

¶94

Between:

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Boini Vemaiah, S/o Ramulu, Occ: Auto Driver, R/o Gorrekal Village, Alladurg Mandal, Medak District.

¶96

...Appella nUCla ima nt

¶97

AND

¶98

K. Narsimulu S/o Kistaiah, age major, Owner of lorry no. AP 23 V 6706 R/o D.No.2-36 Ghanpur, Patancheruvu Mandal, Medak District.

¶99

N/l/S Oreintal lnsurance Company Limited, Rep.by Divisional Manager, Hyderabad.

¶100

... RespondenURespondents

¶101

Appeal filed Under Section 173 of Motor Vehicles Act,1988 against the Order and decree in IM.V.O.P.No.632 of 2008 dated 07-06-20.10 on the file of the Court of the Motor Vehicle Accident Claims Tribunal-cum- lll Additional District and Sessions Judge[ FTC] at Medak.

¶102

This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the Case and upon hearing the arguments of Sri Palle Sriharinath, Advocate for the Appellant and of Sri Kota Subba Rao, Advocate for the Respondent No.2 and none appeared for the respondent no.1 .

¶103

This Court doth Order and Decree as follows:

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That the Motor Accident Civil Miscellaneous Appeal be and hereby is Allowed enhancing the compensation amount awarded by the Tribunal from Rs.9'1 ,827l- to Rs.1 ,60,827l-;

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The compensation amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization.

¶106

- ';!/

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The respondents shall deposit the amount within a period of (8) weeks from the date or receipt of copy of judgment;

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That on such deposit, each of the claimant is permitted to withdraw their respective compensation amount without furnishing any security; and

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

¶110

//TRUE COPY//

¶111

SD/- MOHD.ISMAIL
)EPUTY REGISTRAR
.<br>SECTION OFFICER

¶112

To,

¶113

The [Vlotor Vehicle Accident Claims Tribunal-cum- lll ,,\dditional District and Sessions .ludge[ FTC] at Medak.

¶114

Two CD Ccpies

ADt(PSL

HIGH COURT

DATED:0610812024

DECREE

MACMA.No.1488 of 2010

¶121

ALLOWING THE MACMA.Nos.1488 OF 2010

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4
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IN THE HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD

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TUESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENry FOUR

¶125

PRESENT

¶126

THE HONOURABLE SRI JUSTICE K.SURENDER

¶127

MACMA NO: 1490 OF 2010

¶128

Between:

¶129

Boini Ramulu, S/o. ramaiah, Occ: Mason^{Worket R/o. gorrekalVillage,} Alladurg Mandal, Medak District.

¶130

...AppellanUCla ima nt

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AND

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'I . K. Narsimulu S/o. Kistaiah, Occ: Owner of Lorry No. AP-23-V-6706 R/o D.No. 2-36, Ghanpur, Patancheruvu Mandal,^{tt/ledakDistrict.}

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M/s. Oriental lnsurance Company Limited,^{Represented by its Divisional} Manager Hyderabad.

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..-Respondents

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Appeal filed Under Section^'173 of Motor^{VehiclesAct,19BBagainst the Order} and decree in M.V.O.P.No.633 of 2008 dated^{07-06-20'10 on the file of the Court of} the Motor Vehicle Accident Claims Tribunal-cum-^{lll AdditionalDistrictand Sessions} Judge[ FTC] at Medak.

¶136

This appeal coming on for hearing and upon^{perusingthe groundsof appeal,} the Judgment and Decree of the Lower^{Court and the materialpapers in the Case} and upon hearing the arguments of^{Sri Palle Sriharinath, Advocate for the Appellant} and of Sri Kota Subba Rao, Advocate^{for the RespondentNo.2and none appeared} for the respondent no.1^.

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This Court doth Order and Decree as follows:

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'l . That the Motor Accident Civil Miscellaneous Appeal be and hereby is allowed enhancing the compensation amount^{awardedby the Tribunalfrom} Rs.67,832/- to Rs.80,8321;

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The compensation amount shall carry interest^{at 7.5% p.a. fromthe date of} petition till the date of realization;

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---'----------i

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... /

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The respondents shall deposit the amount within a pr:riod of (g) weeks from the date of receipt of copy of judgment;

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That on such deposit, each of the claimant is pernritted to withdraw their respective compensation amount without furnishing an 7 security; and

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

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//TRUE COPYII

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SD/- MOHD.ISMAIL DEPUTY REGISTRAR I SECTION OFFICER

¶147

To,

¶148

The Motor Vehicle Accident claims Trrbunal-cum- III Additional District and Sessions ,Judge[ FTC] at Medak.

¶149

Two CD Copies

ADI(PSL\y

HIGH COURT

DATED:0610812024

DECREE

MACMA.No.1490 of 2010

¶155

ALLOWING THE MACMA.No.1490 OF ;t010

¶156

ad
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Boini Ramulu v. K. Narsimulu and Another

Case brief

What is this about?

What did the court decide?

Boini Ramulu v. K. Narsimulu and Another

Case brief

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