M Bharatamma, Ranga Reddy Dist And 3 Others v. M.D., A.P.S.R.T.C., Hyderabad And ANR

I I 132171

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY ,THE NINETEENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE N.TUKARAMJI M.A.C.M.A.No.1 1 51 of 201 3 Between:

1. Smt. M. Bharatamma, Wo M. Nagesh, aged 46 years, Occ: Household

2. M Ramesh, S/o M. Nagesh, aged 31 years, Occ: Labourer

3. M. Prakash, S/o M. Nagesh, aged 25 years, Occ: Labourer

4. M. Swaroopa, D/o M. Nagesh, aged 22 years, Occ: Household All re Rl/o H.No.4-4-147lA, Hayathnagar Village and Mandal, Ranga Reddy District.

,..APPELLANTS/PETITIONERS AND

1. The Andhra Pradesh State Road Transport Corporation, Rep. by its Managing Director RTC 'X' Roads, Musheerabad, Hyderabad

2. The Depot Manager, A.P.S.R.T.C, Nalgonda Bus Depot, Nalgonda, Nalgonda Town and District.

...RESPONDENTS/RESPONDENTS Appeal Under Section 173 of Motor Vehicles Act against the Order and Decree made in MVOP.No.'1023 of 2011 dated 06.12.2012 on the file of the Court of the Motor Accident Claims Tribunal --cum- Xlll Additional Chief Judge (FTC), City Civil Court, Hyderabad.

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 B. Venkat Reddy, Advocate for the Appellants and of Sri C. Sunil Kumar Reddy, SC for RTC the Respondents.

This Court doth Order and Decree as follows:

1. That the Motor Accident Civil Miscellaneous Appeal be and hereby is allowed in part.

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2. That the petitioners be and hereby are awarded an amount of Rs.9,70,0001 as compensation together with interest @ 7.5Yo per annum with costs from I the date of petition till date of realization.

3. That the respondents be and hereby are jointly and severally liable to pay the compensation and they are directed to deposit the awarded amount by setting of the amounts paid if any within one month from the date of receipt of copy of this Judgment.

4. That the apportionment among the petitioners shall be in terms of the tribunal award.

5. That on deposit of the awarded amount the petitioners be and hereby are permitted to withdraw entire amount as apportioned in their favour.

6. That save as aforesaid, the decree of the Lower Court shall stands confirmed in all other respects; and

7. That the appellant be and hereby are entitled to proportionate costs of Rs.8B/- to be paid by the respondents.

SO/.N. RAJ GOPAL //rRUE coPY// AsslsrANr "';1;9'

SECTION OFFICER To,

1. The Chairman, Motor Accident Claims Tribunal {um- Xlll Additional Chief Judge (FfC), City Civil Court, Hyderabad.

2. Two CD Copies gbr \)z-

HIGH COURT DATED: 1910712022 \r L,a S t*irj d3 DECRE 1x ttt 1111 ., MACMA.No.1151 of 2013 ] '...'

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__L - PARTLY ALLOWING THE MACMA WITH COSTS a