Partly allowed

Bojja Nagaraju v. Somavarapu Srihari and Another

Telangana HC4 Sept 2024MACMA/1833/2010

Case brief

AI extract

What is this about?

The High Court partly allowed an appeal under Section 173 of the Motor Vehicles Act, enhancing compensation from Rs. 28,000 to Rs. 92,000 with interest at 7.5% p.a., directing deposit by respondents within eight weeks.

What did the court decide?

Compensation enhanced from Rs. 28,000 to Rs. 92,000 with interest at 7.5% p.a.; respondents to deposit amount within eight weeks.

Bojja Nagaraju Vs Somavarapu Srihari and Another — Motor Accident Claims | Telangana HC (2024)

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[³²⁵¹ ]

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i Ii

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

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WEDNESDAY,^{THE FOURTH DAYOF SEPTEI\NBER} TWO THOUSAND^{AND TWENTYFOUR}

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PRESENT

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THE HONOURABLE^{SRI JUSTICE K.SURENDER}

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1833 0F 2010 MOTOR ACCI^{DENTCIVILMISCELL ANEOUS APPEAL NO}

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AppealfiledunderSection'lT3oftvlotorVehiclesActagainsttheJudgment and Decree^{daled. 2O-07-ioio t'0"in OP NO 695 of 2006 on the file of the} court of^{the Chairman,fvf oioi ncciOent CIaims Tribunal-cum-DistrictJudge'at} Nalgonda.

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Between:

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BoiiaNagaraiu,s/oLingaiahScooterMachanicR/ott/larrigudemVillage' Nalgonda Mandal^andDist.

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...APPELLANT/CLAIM^PETITIONER

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AND

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Somavarapu Srihari,^{S/o Manikyam R/o 3-4-65, L B Nagar, R R Dist'}

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The IFFCO-TOKIO^{General lnsurance Company Limited, RqO bY its lt411ager'}

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iirirobi Uma Cnambers, Banjara Hills Road, Panjagutta, Hyderabad-82

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...RESPONDENTS

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MACMAMP. NO: 4833 OF²⁰¹⁰

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Petition under section^15'1 CPC^{praying that in the circumstances statedin} the affidavit filed ln support of^{the petition,the High courtmay be pleasedfix an} early date for final hearing of the^{above I/ACIVIA}

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Counsel for the Appellant:^{Ms. PINGALI LAXMI}

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Counsel for the Respondents:^{Mr. A.RAMAKRISHNAREDDY}

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The Court delivered the following:

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) I I I ,I ! l '

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4	Extra- nourishment	Rs.2,000/-	Rs.2,o00/-
5	Attendantcharges		Rs.5,0O0/-
6	Transportation charges		Rs.5,000/-
7	Loss ofearnings	Rs.1,000/-	Rs.10,o00/-
6	Total	Rs.28,OOO/-	Rs.92,OOO/-

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7 . In the result, the Motor Accidents Civil Miscellaneous Appeal is partly allowed b1, enhancing the compensation awarded by the Tribunal from Rs.28,0O0/- to Rs.92,OOO/-

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

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(b) The respondents shall deposit the^{awardedamount within a} period of eight (B) u,eeks from the date^{of receiptof a copy of the} judgment. On such deposit, the claimant is entitled to withdraw the entire amount u,ithout furnishing the security.

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Pending miscellaneous petitions, if any, shail stand closed.

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No order as to cgql_s. . _

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//TRUE^COPY/I

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Sd/-^{A.V.S ,PRASAD} ASSISTANT^REGIST AR FICER SECTION

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i I t I I

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HIGH COURT DATED: 04109t2024

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JUDGMENT MACMA.No.1833 of 2010

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PARLTY ALLOWING THE MACMA WITHOUT COSTS

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G.p% Fa'r

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE FOURTH DAY OF SEPTEIVBER 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:^'t833 OF 2010

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Between:

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Bojja Nagaraju, S/o Lingaiah Scooter Machanic R/o Marrigudem Village, Nalgonda lt/landal and Dist.

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...APPELLANT/CLAIM PETITIONER

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AND

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Somavarapu Srihari, S/o tvlanikyam R/o 3-4-65, L.B.Nagar, R.R.Dist.

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The IFFCO-TOKIO General lnsurance Company Limited, Rep.by its A/anager, 2nd floor, Uma Chambers , Banjara Hills Roid, Panjagutta, Hide-rabad-82^-

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...RESPONDENTS

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Appeal filed under Section^'173 of lr,4otor Vehicles Act against the Judgment and Decree daled: 20-07-2010 made in OP.NO 695 of 2006 on the file of the court of the Chairman, Motor Accident Claims Tribunal-cum-District Judge, at N algonda.

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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 suit and upon hearing the arguments of Sri Pingali Laxmi, Advocate for the Appellant and of Sri A. Rama Krishna Reddy, Advocate for the Respondent No.2.

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This Court doth Order and Decree as follows

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'1 . That the Motor Accident Civil [Vliscellaneous Appeal be and hereby is partly allowed by enhancing the compensation awarded by the Tribunal from Rs. 280001- to Rs.92,0001 (Rupees Ninety two thousand only)

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That the awarded amount be and hereby shall carry interest al 7.5oh p.a. from the date of petition till the date of realization;

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That the respondents be and hereby 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 be and hereby is entitled to withdraw the entire amount without furnishing the security;

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

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Sd/- A.V.S.PRASAD ASSISTANT REGIS/RAR

//TRUE COPY//

SEcTIoN%FFIcER

The Chairman lVotor Accident Claims Tribunal-cum-District Judge at Nalgonda.

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Two CD Copies

HIGH COURT

DATED: 0410912024

DECREE MACMA.No.1833 of 2010

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PARLTY ALLOWING THE MACMA WITHOUT COSTS

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Bojja Nagaraju v. Somavarapu Srihari and Another

Case brief

What is this about?

What did the court decide?

Bojja Nagaraju v. Somavarapu Srihari and Another

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

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