Partly allowed

Nimmakanti Kanukaiah, Warangal Dist. v. v. Ramesh, Warangal Dist., and Ano.

Telangana HC14 Aug 2024MACMA/665/2009

Case brief

AI extract

What is this about?

The High Court allowed the appeal in part by enhancing the compensation awarded by the Tribunal for injuries sustained in a motor accident. The compensation was increased from Rs. 63,108 to Rs. 1,78,108, with interest at 7.5% per annum from the date of petition.

What did the court decide?

Compensation enhanced from Rs. 63,108 to Rs. 1,78,108 with interest at 7.5% p.a. from date of petition till realization.

Nimmakanti Kanukaiah, Warangal Dist. Vs v. Ramesh… — Motor Accident Claims | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE FOURTEENTH DAY OF AUGUST 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 MISCELLANE OUS APPEAL NO: 665 0F 2009

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Appeal filed under section 173 of Motor Vehicres Act against the Judgment and Decree dated 19-01-2009 made in Op.NO.1202l2OO7l on tne fite 6f tne chairman, Motor Accidents craims Tribunar-cum-Vl Additionar District Judge, (i[. FTC), Warangal, at Mahabubabad.

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Between:

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Nimmakanti Kanukaiah, S/o. Venkataiah, Barber as on Date of accident, but at present ni[, R/O Chennaraopet Mllage and Mandal, Warangal Oistiici.^{-- - ---} -'

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.APPELLANT/CLAIMANT

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AND

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1 Yl 1gT9:f, S/o pi.qaiah, qg_+ Major, occ: Business, r/o Kopputa viilage, Shyampet Mandal, Warangal District.

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The IFFCO-TOKIO Gene_ral lsurance Company Ltd., Rep by its Branch !lSlS_g_"I, [N 1-1-6,^{2nd Ftoor, New Ctoik iower,' AbJve'sony-worlJ} showroom, S.D. Road, Secunderabad.

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...RESPONDENTS/ RESPONDENTS

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Counsel for the Appellant: SRI G ANANDAM

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Counsel for the Respondents: --

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE K.SURENDER

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M.A.C.M.A No.665 OF 2OO9

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JUDMENT:

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1 . This app.eal is hled by the claimant/ appellant ser:king enhancement c f compensation granted by the Tribunal.

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Heard the learned counsel for the appellant-claimant and the leartred counsel for respondent No.2-lnsurance Company.

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The manner in which the accident had taken place and the liability is n ot in dispute.

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The clainLant/ appellant while travelling in an Auto along with two others, the Driver of the Auto drove the Auto in a rash and negligent ntanner resulting in the Auto turning turtle and claimant sustaining multiple fracture injuries.

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Learned counsel for the appellant/claimant submits that the Tribunal has granted meagre compensation of Rs.63,1rl8/_ only, though ttLe claimant received grievous fracture injtrries and prayed for t:nhancement of the same.

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Keeping in view the injuries received by the claimant, this Court deems it appropriate to enhance the compensation

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as follows:

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Sl.No.	NameofHead	Awardedby Tribunal	Awardedby thisCourt
01.	Grievousinjury(a)	Rs.25,OO0/-	Rs.1,4O,O00/- (4x35,OO0)
02.	Treatmentcharges	Rs.27,550/-	Rs.27,550/-
03.	Medicalexpenses, extranourishment	Rs.7,058/-	Rs.7,O58/-
04.	Transportation	Rs.1,0O0/-	Rs.r,OO0/-
o5	Loss ofincome	RS.2,5O0/-	Rs.2,500/-
TOT	AL	Rs.63,1O8/-	Rs.1,78,1O8/-

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In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed enhancing the compensation awarded by the Tribunal from Rs.63,1O8/- to Rs.1,78,108/-. The enhanced amount shall carry interest @ 7.5o/o per annum from the date of petition till the date of realization. Except the above enhancement, the award of the Tribunal shall remain sarne on ali other aspects. Miscellaneous applications, if any

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pending, shall stand closed.

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//TRUE COPY//

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Sd/. T. TIRUMALA DEVI ASS T REGISTRAR SECTION OFFICER

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To 1 The Chairinan, Motor Accidents Claims Tribunal-cum-Vl Additional District Judge, (lll-FTC), Warangal, at Mahabubabad.

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One CC to SRl. G ANANDAM, Advocate [OPUC]

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Two CD Copies

AVpr

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HIGH COURT

DATED: 1410812024

JUDGMENT MAGMA.No.665 of 2009

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PARTLY ALLOWING THE MACMA

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE FOURTEENTH DAY OF AUGUST 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: 665 OF 2009

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Between:

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Nimmakanti Kanukaiah, S/o. Venkataiah, Barber as on Date of accident, but at present nil, Rl/O Chennaraopet Village and Mandal, Warangal District.

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...APPELLANT/CLAIMANT

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AND

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V. Ramesh, S/o papaiah, aged Major, Occ: Business, r/o Koppula village, Shyampet Mandal, Warangal District.

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The IFFCO-TOKIO General lsurance Company Ltd., Rep by its Branch Manager, H.No.8-'l-6, 2no Floor, New Clock Tower, Above Sony World Showroom, S.D. Road, Secunderabad.

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...RESPONDENTS/ RESPONDENTS

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Appeal filed under Section 173 of Motor Vehicles Act against the Judgment and Decree dated 19-01-2009 made in OP.NO.120212007, on the file of the Chairman, Motor Accidents Claims Tribunal-cum-Vl Additional District Judge, (llI-FTC), Warangal, at Mahabubabad.

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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 G ANANDAM, Advocate for the Appellant and none appeared for the respondent Nos.land 2.

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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 enhancing the compensation awarded by the Tribunal From Rs. 63,108^to Rs.1,78,1081;

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That the enhanced amount shall carry interest @ 7 .5% p.a. from the date of petition till the date of realization;

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That the except the above enhancement, the award of the tribunat shall remain same on all other aspects;

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That save as aforesaid, the decree of the Tribunal Shall stands confirmed in all other resoects; and

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Sd/. T. TIRUMALA DEVI ASSTSmNT REG]STRAR

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//TRUE COPY//

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slJrbN OFFICER

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1 . The chairm an, Motor Accidents craims Tribunar-cum-Vl Adcritional District Judge, (lll-F.TC), Warangat, at Mahabubabad.

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Two CD Copies

As/pr

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HIGH COURT DATED: 1410812024

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DECREE MACMA.No,665 of 2009

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PARTLY ALLOWING THE MACMA

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Nimmakanti Kanukaiah, Warangal Dist. v. v. Ramesh, Warangal Dist., and Ano.

Case brief

What is this about?

What did the court decide?

Nimmakanti Kanukaiah, Warangal Dist. v. v. Ramesh, Warangal Dist., and Ano.

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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