Payam Chukkamma And Another v. K.Venkanna And Another

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE JUSTIGE G. SRI DEVI M.A.C.M.A. NO: 3543 OF 2008 Between:

1. Payam Chukkamma, Wo Veeraswamy Agricultural Labourer F|/o Kothajinnalagudem Village, H/o Jagannadhapuram, Mulakalapally Mandal, Khammam District.

2. Payam Nageswara Rao, S/o Veeraswamy Agricultural Labourer R/o.Kothajinnalagudem Village, H/o Jagannadhapuram, Mulakalapally Mandal, Khammam District.

AND ...APPELLANTS/ CLALTM PETTTTONERS '1 . K.Venkanna, S/o Bhadraiah, age: major Owner of Lorry bearing No. AP 16 U 148 RIo Nellipaka Bazar Mondikunta Village, Awapuram Mandal, Khammam District.

2. M/s United lndia lnsurance Company Llmited, Rep. by its Divisional Manager, I Divisional Officer, Kothagudem, vide policy No.69508/1999 and vide its Cover Note No.358846, valid from 2410212001 to 2310212002. ...RESPONDENTS/ RESPONDENTS Appeal under Section 173 of Motor Vehicles Act, against the JudgmenU order and decree made in MVOP No.'l316 of 2002 dated 09/05/06 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal --cum- Additional District Judge, at Khammam.

ORDER: 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 Cheedella Venkat Raman, Advocate for the Appellants and of Sri V.Srinivasa Rao, Advocate for the Respondent No.2 and of the Respondent No.'1 not appeared either in person or by Advocate. This Court doth Order and decree as follows :-

1. That the IMACIT/A be and hereby is allowed.

2. That the compensation amount awarded by the Tribunal be and hereby is enhanced from Rs.92,000^ to Rs.5,15,8281 (Rupees five lakhs fifteen thousand eight hundred and twenty eight only)

3. That the enhanced amount i.e. Rs.4,23,828/- (Rupees four lakhs twenty three thousand eight hundred and twenty eight only) shall carry the interest al7 .5o/o p.a. from the date of order passed by the Tribunal till date of realization, the payable by the respondents jointly and severally.

4. That the amount of compensation shall be apportioned among the appellants -claimants till the ratio as ordered by the Tribunal.

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5. That the claimant shall pay deficit court fee on enhanced compensation since the initiated claim was Rs.2,25,0001 6- that the deficit cou( fee is not paid as per rule 475 of M.V.Rules before the Tribunal the claimants are not entitled for execution of award in respect of enhanced compensation.

7. That save as aforesaid, the rest of the trial remain unchanged B. That there be no order as to costs.

Sd/-T.JAYASREE ASSISTANIREGISTRAR //TRUE COPY/I (A) SECTION OFFICER To

1. The Chairman, Motor Accidents Claims Tribunal --cum- Additional District Judge, at Khammam.

2. Two CD Copies

3. One Spare Copy Kj

, HIGH COURT DATED:16/03/2022 DECREE MACMA.No.3543 of 2008 ALLOWING THE MACMA WITHOUT COSTS.

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