V.Badya Naik And 2 Others v. The Depot Manager And Another

[3217 1

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY ,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE N.TUKARAMJI M.A.C.M A.No.2934 ot 2013 Appeal Under Section 173 of Motor Vehicles Act against the order and decree in MVOP No.993 of 2009 dated 02-07-20'12 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal (Vlll Addl. District Judge) at N iza mabad.

Between:

1. V.Badya Naik, S/o. Sitya Naik, aged 50 years, Occ: Agriculture, R/o. Alikhanpally Village, Mandal Kalher, District Medak.

2. Smt. V.Kemini Bai @ Kamli Bai, D/o. V.Badya Nail, aged 30 years, Fl/o. Alikhanpally Village, Mandal Kalher, District Medak.

3. Smt. V.Lalitha Bai,, Wo. Late. V.Sreenu, aged 25 years, Occ: Household, Rl/o. Alikhanpally Village, Mandal Kalher, District Medak. ...APPELLANTS/PETITIONERS AND

1. The Depot Manager, Andhra Pradesh State Road Transport, Corporation, Banswada Depot (Owner of Bus No. AP-10-Z-4219)

2. The Managing Director, APSRTC, Musheerabad, Hyderabad. ...RESPONDENTS/RESPONDENTS 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 Kota Subba Rao, Advocate for the Appellants and of Sri N. Vasudeva Reddy, Advocate for the Respondents.

This Court while allowing this appeal and modification of the Decree of the Lower Court, Doth Order and Decree as follows:

1. That the petitioners are awarded compensation of Rs.6,30,0001 with interest @ 7.5"/o per annum with costs from the date of petition till date of realization.

2. That the respondent/APsRTC is liable to pay the compensation and directed to deposit the awarded amount by setting of the amounts paid it any, within one month from the date of receipt of a copy of this Common Judg ment.

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

4. That on deposit of the award amount, the petitioners are permitted to withdraw entire amount apportioned in their favour.

5. That to save as aforesaid, the decree of the Lower Court be and hereby stands confirmed in all other aspects.

6. That there be no order as to costs.

Sd/.R. KARTHIKEYAN ASSTSTANT REGISTRAR //TRUE COPY// Ll0 SECTION OFFICER To, 't. The Chairman, MACT -cum- Vlll Additional District Judge, Nizamabad.

2. Two CD Copies gbr ,l

HIGH COURT DATED: 2210712022 -l .!5 ry i) :. r l.' l s* to l} \ DECREE .rr.-'

MACMA.No.2934 of 2013 ii rt ALLOWING THE MACMA.N0.2934 of 2013 @ { .ur,r\r\4