Smt Banoth Saroja v. M/S. St. Augustin Educational Society

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY,THE TWENTY SEVENTH OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SAMBASIVARAO NAIDU MOTOR ACCIOENT CIVIL MISCELLANEOUS APPEAL NO: 2567 OF 2019 Between:

1. Smt Banoth Saroja W/o late Banoth Vittal

2. Banoth Sinduia D/o Banoth Vittal

3. Banoth Sandya D/o Banoth Vittal

4. Banoth Shailaja D/o Banoth Vittal

5. Banoth Maheswar S/o Banoth Vittal (The Petitioners 2 to 5 are minors under the guardianship of their natural mother ind next friend i.e., the Petitioner No.'l herein) ...Appellants/Claimants AND

1. M/s St. Augustin Educational Society rep. by Ram Mohan Reddy, Occ: Owner of Crime Vehicle Fl/o 3'o floor, Lumbini Towers, Opp: NIMS Hospital, Punjagutta, Hyderabad.

2. Bianch Manager, National lnsurance Company Limited, Branch Office, Jawahar Road, Nizamabad (Policy Nos. 551602/31/1 1/610000079 valid from 11.09.2011 to 10.09.201 2 policy issued by Patancheruvu Branch, Medak District) RespondentsiRespondents Appeal under section '1 73 of Motor Vehicles Act against the order and decree made in O.P.No. 15 of 2012 dated 02.08.2013 on the file of the Court of ihe Motor Accident Claims Tribunal -cum- lX Additional District Judge, Kamareddy.

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 case and upon hearing the arguments of Mr Akkam Eshwar, Advocate for the appellant and of Advocate for the Respondent No.2 lt/r. G.Raj Kumar, Advocate and Respondent Nos. 1 none appread.

This Court doth Order and Decree as follows:

1. That this the Motor Accident Civil Miscellaneous Appeal be and hereby is partly Allowed;

2. That the appellants are entitled to an appropriate compensation towards loss of consortium, loss of estate and funeral expenses;

3. That an amount of Rs.40,000i- towards loss of consortium, Rs.15,000/- towards loss of estate and Rs.15,0001 towards funeral expenditure shall be added;

4. That the appellants are entitled to Rs.14,14,0001;

5. That the respondents are directed to pay the said amount with interest @ 7o/o per annum from the date of accident in two months from the date of this Order;

6. That the appellants are liable to pay the deficit Court fee, and if they are not able to pay, the same may be deducted from the compensation amount. /-;

7. That there shall be no order as to costs in this appeal. Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR ).

/iTRUE COPY// SECTION OFFICER To,

1. The Motor Accident Claims Tribunal --cum- lX Additional District Judge, Kamareddy (with records if any)

2. Two CD Copies \l

/ n HIGH COURT DATED:27.O3.2O24 /,'.;,' f ai 'rj'

.9 +( JUDGMENT + DECREE ?.

itt ii/ s a)t + l MACMA.No.2567 of 2019 J '' S i 'r'l + PARTLY ALLOWING THE MACMA, WITHOUT COSTS.

$\"b\,q \