Partly allowed

Jalla David v. C.K.Kasim and Anr.

Telangana HC4 Sept 2024MACMA/1587/2010

Case brief

AI extract

What is this about?

Claimant injured in a collision between a car and a lorry appealed against the Tribunal's award of Rs.10,000 for three simple injuries and medical expenses. The High Court found the award low and enhanced compensation to Rs.20,000 with interest.

What did the court decide?

Compensation enhanced from Rs.10,000 to Rs.20,000 with 7.5% p.a. interest from date of petition; deposit within eight weeks; withdrawal without security.

Jalla David Vs C.K.Kasim and Anr. — Motor Accident Claims | Telangana HC (2024)

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[³²⁵¹ I

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i I I t l j

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1587 OF 2010

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Appeal filed Under Section 173 of Motor Vehicles Act against the Order and decree in O.P.No.987 of 2005, dated 17-05-2010 on the file of the Court of the Motor Accident Claims Tribunal Cum Vl Additional District & Sessions Judge (FTC) Nizamabad at Kamareddy.

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Between :

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Jalla David. S/o.Samuel Tiles Factory Conpany R/o.Dharmara Cheruvu, Ramayampet Mandal, Now R/o.Kamareddy M aM [M],

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...Appellant

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AND

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1 C.K.Kasim, S/o. M r.Assainar, Aged Major Owner of Lorry Bearing No.KA 01 AS 4786 R/o.D.No.KO.27110 ,^{MRP Lane StonesStreet, Kalasi Palyam,} Bangalore.

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2 United lndia lnsurance Company Ltd, rep by its Divisional Manager finsurer of Lorry bearing No.KA 01 AD 47ffi, Vide lnsurance Police No.1 00805/31/06329 Valied from 18.1'1 03 lo 17.11.041O/o.DO PB No.313, Godown Road, Nizamabad

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...Respondents

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Counsel for the Appellants

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: Sri Ch.Janardhan Reddy

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Counsel for the Respondent No.2

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: Sri G.Purushotham Rao

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Counsel for the Respondent No.1

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: ---

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The Court made the following 11556

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: ORDER

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I I I f

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THE HONOURABLE SRT JUSTICE K.SURENDER M.A.C.M.A.No.1587 of 20LO

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JUDGMENT:

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This appeal is Iiled by the claimant aggrieved by the judgment dated 17.05.2010 in O.P.No.987 of 2OO5 on the file of the Chairman, Motor Accidents Claims Tribunal - lum - VI Additional District and Sessions Judge, (Fast Track Court) Nizamabad (for short 'the Tribunal').

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2 Heard learned counsel appearing for both sides and perused the record.

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On 05. I l.2OO4, while the claimant/appellant was travelling in a car bearing No.AP 16 T 5515 along with others, a lorry bearing No.KAOl AD 4786, was driven by its driver in a rash and \ .. \ negligent manner and dashed against the car, resulting which the claimant received three simple injuries.

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Though the claimant sought total claim of Rs. 1,00,000/under three different heads, the Tribunal had granted Rs. l0,0OO/towards three simple injuries and medical expenses. However, as seen from the record, this Court finds that the compensafion awarded by the Tribunal is lower side. Accordingly, towards simple

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injuries, medical expenses and^pain and^{suffering,this Court is} inclined to award a sum of^Rs.20,OOO/-.

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Accordingly, the Motor Accidents^{Civil MiscellaneousAppeal} is partly allowed by enhancing^{the compensation awarded by the} Tribunal from Rs. 10,00O/-^{to Rs.2O'OOO/-.}

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(a) The awarded amount shall^{carry interest at 7.5o/o p'a' from} the date of petition till^{the date of realization.}

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(b) The respondents shall deposit^{the awarded amount withina} period of eight (S) weeks^{from the date of receipt of a copy of the} judgment. On such deposit, claimant is entitled^{to withdrawthe} entire amount without furnishing^{the security.}

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Pending miscellaneous^{petitions, if any, shall stand closed'}

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No order as to^costs.

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Sd,.^T.JAYASREE ASSISTANT^REGISTRAR

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rff..-

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,/TRUE^COPY/' SECTI6ft^OFFICER

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To, 1 The Motor^{AccidentClarmsTribunal Cum Vl Additional District& Sessions} .l lIn "^{i i1 i i *,.?..,b i9 i'{'[ffi ilXo **," rop uc]} 2 On""CC^{to Sri Ch Janardna} 3. Two^{CD CoPies} Svs/gh

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HIGH COURT

DATED:0410912024

JUDGMENT + DECREE

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MACMA.No.1587 of 2010

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PARTLY ALLOWING THE MACMA

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6.dnlb ftt-

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[³²⁵¹ J

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENry FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1587 OF 2010

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Between :

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Jalla David, S/o. Samuel Tiles Factorv Comoanv R/o.Dharmara Cheruvu, Ramayampet Mandal, Now R/o.Kamare'aOy y1'and tM1,

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...Appellant

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AND

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C.K.Kasim, S/o.Mr.Assainar, Aged Majo r Owner of Lorry Bearing No.KA 01 AS 4786 R/o.D.No.KO.27l10, MRP Lane Stones Street. Kalasr Palyam, Bangalore

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2 United lndra lnsurance Company Ltd, rep by its Divisional Manager Insurer^{of Lorrybearing No.KA} 0t^RO +246, Vide lnsurance^poirce No,'100805/31i06329 Valied from 18.11.03 to 17.11.041Olo.DO pB No.313. Godown Road, Nizamabad.

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...Respondents

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. Appgal filed Under Section 173 of Motor Vehicles Act against the Order and decree in O.P No 987 of 2005, dated 17-05-2010 on the file of the Court of the Motor Accident Claims Tribunal Cum Vl Additional District & Sessions Judge (FTC) Nizamabad at Kamareddy.

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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 papers in the Case and upon hearing the arguments of Sri Ch.Janardhan Reddy, Advocate for the Appellant and Sri G.Purushotham Rao, Advocate for the Respondent Nos. 2 and None appeared for the Respondent No.1 .

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This Court doth Order and Decree as follows :

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That the Motor Accident Civil Miscellaneous Appeal be and hereby is partly allowed by enhancing the compensation awarded by the Tribunal from Rs.10,000/- to Rs.20,000/-; as hereunder

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That the awarded amount shall carry interest @ 7.5% per annum from the date of petition till the date of realization.

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That the respondents shall deposit the awarded amount within a period of eight (8) weeks from the date of receipt of a copy of the judgment.

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That on such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security.

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That There shall be no order as to costs.

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Sd/- T. JAYASREE ASSISTANT REGISTRAR

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//TRUE COPY//

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sec#orrrcen

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To, 1. The Motor Accident Claims Tribunal Cum Vl Additional District & Sessions Judge (FTC) Nizamabad at Kamareddy.

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Two CD Copies

svs yt-

HIGH COURT

DATED:0410912024

DECREE

MACMA.No.1587 ot 2010

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PARTLY ALLOWING THE MACMA i^.'d"[ fiililu

Jalla David v. C.K.Kasim and Anr.

Case brief

What is this about?

What did the court decide?

Jalla David v. C.K.Kasim and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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