Kalyanapu Padma And 4 ORS v. D.Sujatha And ANR

[ 3379 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HON'BLE SRI JUSTICE P. SAM KOSHY AND THE HON'BLE SRI JUSTICE N. TUKARAMJI M.AC.M.A.No: 3979 ot 2012 Between:

1. Kalyanapu Padma, Wo.late K.Trinath Babu, Age:42 years, Occ: House hold.

2. Kalyanapu Mounika, D/o.late K.Trinath Babu, Age:22 years, Occ: Student.

3. Kalyanapu Siddartha, S/o.late K.Trinath Babu, Age:21 years, Occ: Student.

4. Kalyanapu Sarveshwar Rao, S/o.Tirupathi Babu, Age:69 years, Occ: Agriculture.

5. Kalyanapu Surya Kumari, Wo. Sarveshwar Rao, Age:64 years, Occ: House hold.

All are residents of Ramnagar, Adilabad, Adilabad District. ...Appellants/Petitioners AND

1. D. Sujatha, W/o Sampath Rao, Age: Major Owner of Jeep No. AP -1-U-2929, trJo.4-47, Janmabhoomi Nagar, Mancherial, Adilabad District.

2. The New lndia Assurance Company Limited, rep by its Branch Manager O/o. Mancherial, Adilabad District.

...Respondents/Respondents

Appeal under Section 173 of M.V.Act., against the Judgment and Decree dated 21-08-20'12 made in M.V.O.P.No.457 of 2003 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal-cum-District Judge, Adilabad. 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 S. SURENDER REDDY, Advocate for the

appellants and of SRI KATTA LAXMI PRASAD , Advocate for the Respondent-No.2 and None Appeared for the Respondent No.1.

This Court doth Order and Decree as follows:

'1. That the Motor Accident Civil Miscellaneous Appeal be and hereby is partly allowed with proportionate costs;

2. That the petitioners be and hereby are entitled for total compensation of Rs.12,61,1001 (Rupees Twelve Lakhs Sixty one thousand and one hundred only);

3. That the rate of interest and the ratio of apportionment among the petitioners be and hereby are maintained as per the impugned order;

4. That the respondent No.2/insurer be and hereby is directed to deposit the differential compensation amount within four weeks from the date of receipt of a copy of this order. Accordingly the impugned order stands modified;

5. That the appellants/petitioners be and hereby are entitled to Rs 123l- to be paid by the respondents as proportionate costs; and

6. That as Mr. Katta Laxmi Prasad, learned counsel rendered services on behalf of the respondent No.2/insurer is entitled for professional fee from the respondent No.2/insurer as per the agreed terms and conditions. MEMORANDUM OF PROPORTIONATE COSTS MAGMA.No. of Rs. Ps S.No.

Particulars 05.00 Stamps for Vakalatnama Stamps used for the Memo of grounds 25.00 01.00 02.00 30.00 00.00 Advocate's fee (Fee Certificate not filed) 50.00 Batta and Postage 10.00 Court fee 123.00 TOTAL Stamps for Judgment of the Lower Court Stamps for decree of the Lower Court Value of Copy Stamp paper used for enclos UTES (The Appellants/petitioners are entitled to Rs.123/- to be paid by the respondents in MACMA No.3979 of 2012\ Sd/- T. JAYASREE ASSISTANT REGISTRAR //TRUE COPY// \/ SECTION OFFICER To, 1 . The Chairman, Motor Accidents Claims Tribunal-cum-District Judge, Adilabad

2. Two CD Copies BGVikam *$,-

HIGH COURT DATED:2610212024 c or TE( ,.\ >tl ^i, l.

DECREE .$ !, .z s \- l.

MACMA.No.3979 o12012 .) PARTLY ALLOWING THE MACMA WITH PROPORTIONATE COSTS \--l d\)A \