The Asst. Engineer, v. Y. Veera Venkamma
{__ [ 3208 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA APPEAL SUIT NO: 3545 OF 2003 .Appeal Under Section 96 of C. P.C., against the Judgment and Decree in O.S.No.'142 of1997, dated 01.08.2002 on the file of the Court of the Senior Civil J ge ud Khammam.
Between:
1. The Asst. Engineer, Northern Power Distribution Co. of A.P. Ltd. (A.P.Transco), Vemsoor, Khammam District.
2. The Divisional Engineer, Northem Power Distribution Co. of A.P. Ltd. (A.P.Transco), Sathupally, Khammam District.
3. The Superintending Engineer, Northem Power Distribution Co. of A.P. Ltd. (A.P.Transco)
4. The Managing Director, A.P. Transco Vidyuth Soudha, Somajiguda, Hyderabad ...APPELLANTS/DEFENDANTS AND
1. Yarapathireddy Veera Venkamma, W/o late Satyanarayana Reddy household Fi./o.Yenaguntapadu (V), Vemsoor (M), Khammam Dt.
2. Yarapathireddy Venkat Reddy, S/o late Satyanarayana Reddy Student Rl/o.Yerraguntapadu (V), Vemsoor (M), Khammam Dt.
3. Yarapathireddy Chenna Reddy, S/o late Satyanarayana Reddy Stdent :Rl/o.Yerraguntapadu (V), Vemsoor (M), Khammam Dt. ...RESPONDENTS/PLAINTIFFS l.A. NO: 2 OF 2003(CMP. NO: 24918 oF 2003) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of the Decree and Judgment, dl.1-8-2002 in O.S.No.142197 on the file of the Court of Senior Civil Judge, Khammam. Counsel for the Appellants: SR!. ZAKIR ALI DANISH ( SC FOR TSNPDCL ) Counsel forthe Respondents: SRI KOWTURU PAVAN KUMAR The Court made the following: ORDER
HONOI'RABLE SMT JUSTICE P. SREE SUDHA APPEAL SUIT No. 3545 OF 2OO3 ORDER:
This Appeal Suit is filed against the judgment 1n O.S.No. 142 of 1997 dated 01.08.2002 passed by the Court of the Senior Civit Judge at Khammam 2.
The suit is filed for recovery of a sum of Rs. 3,00,000/- with interest at the rate of l2%o per annum from the date of accident till the date of realisation with costs. 3.
The trial Court considering the arguments and evidence of both sides, decreed the suit with costs and directed the defendants 7-t- to pay compensation of Rs.3,0O,000/- with interest at the rate of l2%, from 08.08.1996 till the date of realisation 4.
Aggrieved by the said order, the A.P Transco preferred this appeal and mainly contended that the rate of interest granted by thc Trial Court is high and no reasons were assigned for granting interest at the rate of l2o/o, as the order was passed in the year 2OO2 and the rate of interest at that time was very 1ow but not l2c'/,, ,t
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5.
Considering the argument ol the learned counsel for the appellants, this Court find that it is just and reasonable to modify the interest rate awarded by the Court below from l2o/o to'6o/o from the date of 08.08.1996 till the date of realisation' The trial Court has rightly awarded the compensation of Rs.3,00,000/- and it needs no inference by this Court' 6.
The appellant is directed to deposit the amount within three (3) months from today' On such deposit the respondents are directed to withdraw the same as per the apportionment made by the Court below.
7 .
Accordingly, the app'eal is partly allowed.
Miscellaneous applications, if any pending, shall stand closed.
SD/. K. SRINIVASA RAO JOINT REGISTRAR Cp //TRUE COPY// SECTION OFFICER To, 1.
2.
3.4. Two CD Copies ",V The Senior Civil Judge Court, Khammam.
One CC to Sri Zakir Ali Danish, SC FOR TSNPDCL [OPUC] One CC to Sri Kov(uru Pavan Kumar, Advocate [OPUC]
HIGH COURT DATED:21 11012022 o.l li OF , 1$ tr)o \\\ I .) ..":/ +a, r, If 1\
ORDER
A.S.No.3545 ot 2003 PARTLY ALLOWING THE A.S.
d.6 &d l
[ 3208 ] i HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA APPEAL SUIT NO: 3545 OF 2003 Between:
l The Asst. Engineer, Northem Power Distribution Co. of A.P. Ltd. (A.P.Transco), Vemsoor, Khammam District.
2 The Divisional Engineer, Northem Power Distribution Co. of A.P. Ltd. (A.P.Transco), Sathupally, Khammam District.
3 iThe Superintending Engineer, Northem Power Distribution Co. of A.P. Ltd. (A. P.Transco) 4 iThe Managing Director, A.P. Transco Vidyuth Soudha, Somajiguda, Hyderabad ...APPELLANTS/DE FENDANTS AND Yarapathireddy Veera Venkamma, Wo late Satyanarayana Reddy household R:/o.Yerraguntapadu (V), Vemsoor (M), Khammam Dt. Yarapathireddy Venkat Reddy, S/o late Satyanarayana Reddy Student Rl/o.Yenaguntapadu (V), Vemsoor (M), Khammam Dt. Yarapathireddy Chenla Reddy, S/o late Satyanarayana Reddy Stdent Rl/o.Yerraguntapadu (V), Vemsoor (M), Khammam Dt. J ...RESPONDE NTS/PLATNTIFFS Appeal Under Section 96 of C.P.C., against the Judgment and Decree in O.S.No.142 of1997, dated 01.08.2002 on the file of the Court of the Senior Civit Judge, 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 Zakir Ali Danish, SC FOR TSNPDCL for the Appellants and of Sri Kowturu Pavan Kumar, Advocate for the Respondents. This Court doth Order and Decree as follows:
'l . That the-irot6-rAccident Civil Miscellaneous Appeal beand hereby is allowed.
2. That this Court find that it is just and reasonable to modify the interest rate awarded by the Court below from 12Yo to 60/o from the date of 08.08.1996 till the date of realisation. The trial Court has rightly awarded the compensation I
of Rs.3,00,000/- and it needs no inference by this Court. The appellant is directed to deposit the amount rvithin three (3) months from today. On such deposit the respondents are Cirected apportionment made by the Court below to withdraw the same as per the That there be no c,rder as to costs in this appeal SD/- K. SRINIVASA RAO JOINT REGISTRAR (i) //TRUE COPY// SECTION OFFICER The S^errior Civil Judge Court, Khammam.
lwo UD Copies To, CHR il
HIGH COURT DATED:21 11012022 DECREE A.S.No.3545 of 2003 PARTLY ALLOWING THE A.S.
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