The New India Assurance Company Limited, Vs. Karre Thirupathamma and Othe - Court Judgment

SooperKanoon Citationsooperkanoon.com/1170304
CourtAndhra Pradesh High Court
Decided OnFeb-12-2014
JudgeB.CHANDRA KUMAR
AppellantThe New India Assurance Company Limited,
RespondentKarre Thirupathamma and Othe
Excerpt:
the honourable sr.justice b.chandra kumar m.a.c.m.a.no.1515 of 2006 12-02-2014 the new india assurance company limited,rep.by its divisional manager, secunderabad.appellant karre thirupathamma and others....respondents counsel for the appellant: sr.c.v.rajeeva reddy counsel for the respondents: m/s.hema jaiswal : : ?.cases referred: 1 (2003) 2 supreme court cases 274 2 (2008) 3 supreme court cases 379 3 (2011) 14 supreme court cases 467 4 (2013) 10 supreme court cases 695 5 (2013) 9 supreme court cases 54 honble sr.justice b.chandra kumar m.a.c.m.a.no.1515 of 2006 judgment: the learned counsel for the appellant submits that the appellant has instructed them to withdraw the appeal. however, the l for the sake of convenience, parties will be referred to as they are arrayed in the tribunal. the brief facts of the case are as follows: on 10.04.2003 at about 0.15 hours.the deceased shankar-husband of the 1st claimant and father of his minor daught the owner of the vehicle 1st respondent remained ex parte and 2nd respondent contested the matter. the tribunal framed the following issues: 1. whether the accident took place on 10.04.2003 at about 0.15 hours due to rash and negligent driving of water tanker bearin 2. whether the petitioners are entitled for compensation, if so, to what amount and from whom?. 3. to what relief?. on behalf of the claimants, the 1st claimant was examined as pw.1 and one k.ramulu was examined as pw.2 and marked e on issue no.1, the tribunal came to the conclusion that the accident occurred due to rash and negligent driving of th the learned counsel for the appellant submits that the respondents have not filed any application seeking enhancemen in nagappa case (1 supra).the appellant was an agriculturist. he suffered injuries in an accident. his leg was ampu it appears that due importance is not given to sub-section (4) of section 166 which provides that the tribunal shall t thereafter, section 168 empowers the claims tribunal to make an award determining the amount of compensation which a it was further observed that the court may permit amendment of the claim petition so as to award enhanced compensatio in the above circumstances, the apex court allowed the application filed by the claimant and awarded additional compen in andhra pradesh state road transport corporation (2 supra) the claims tribunal awarded a compensation of rs.2,46,000/ in case between raviraj udupa (3 supra) it was held that reasons have to be assigned for reducing the amount awarded by in case between rajesh (5 supra) it is observed as follows: the expression just compensation has been explained in sarla verma, (2009) 6 scc121 holding that the c thus, the tribunal/court should award proper compensation irrespective of the claim made and, if required, as per the latest judgment of the rajesh referred above, the wife of the deceased is entitled to rs.1,00,000/- toward in view of the above settled legal position, it is clear that the claimants need not claim any specific amount. the r it may not be desirable to enhance the amount awarded to the respondents/claimants in this appeal. however, admitted in the above circumstances, i consider it just and reasonable to remand the matter to the lower tribunal to enable the accordingly, the appeal is disposed of. no order as to costs. miscellaneous petitions, if any, pending in this appe ______________________ b.chandra kumar,j12h february, 2014
Judgment:

THE HONOURABLE Sr.JUSTICE B.CHANDRA KUMAR M.A.C.M.A.No.1515 of 2006 12-02-2014 The New India Assurance Company Limited,rep.by its Divisional Manager, Secunderabad.Appellant Karre Thirupathamma and others....Respondents Counsel for the Appellant: Sr.C.V.Rajeeva Reddy Counsel for the Respondents: M/s.Hema Jaiswal : : ?.Cases referred: 1 (2003) 2 Supreme Court Cases 274 2 (2008) 3 Supreme Court Cases 379 3 (2011) 14 Supreme Court Cases 467 4 (2013) 10 Supreme Court Cases 695 5 (2013) 9 Supreme Court Cases 54 HONBLE Sr.JUSTICE B.CHANDRA KUMAR M.A.C.M.A.No.1515 of 2006 JUDGMENT

: The learned counsel for the appellant submits that the appellant has instructed them to withdraw the appeal.

However, the l For the sake of convenience, parties will be referred to as they are arrayed in the Tribunal.

The brief facts of the case are as follows: On 10.04.2003 at about 0.15 houRs.the deceased Shankar-husband of the 1st claimant and father of his minor daught The owner of the vehicle 1st respondent remained ex parte and 2nd respondent contested the matter.

The Tribunal framed the following issues: 1.

Whether the accident took place on 10.04.2003 at about 0.15 hours due to rash and negligent driving of water tanker bearin 2.

Whether the petitioners are entitled for compensation, if so, to what amount and from whom?.

3.

To what relief?.

On behalf of the claimants, the 1st claimant was examined as PW.1 and one K.Ramulu was examined as PW.2 and marked E On issue No.1, the Tribunal came to the conclusion that the accident occurred due to rash and negligent driving of th The learned counsel for the appellant submits that the respondents have not filed any application seeking enhancemen In Nagappa case (1 supra).the appellant was an agriculturist.

He suffered injuries in an accident.

His leg was ampu It appears that due importance is not given to sub-section (4) of Section 166 which provides that the Tribunal shall t Thereafter, Section 168 empowers the Claims Tribunal to make an award determining the amount of compensation which a It was further observed that the Court may permit amendment of the claim petition so as to award enhanced compensatio In the above circumstances, the Apex Court allowed the application filed by the claimant and awarded additional compen In Andhra Pradesh State Road Transport Corporation (2 supra) the Claims Tribunal awarded a compensation of Rs.2,46,000/ In case between Raviraj Udupa (3 supra) it was held that reasons have to be assigned for reducing the amount awarded by In case between Rajesh (5 supra) it is observed as follows: The expression just compensation has been explained in Sarla Verma, (2009) 6 SCC121 holding that the c Thus, the Tribunal/court should award proper compensation irrespective of the claim made and, if required, As per the latest judgment of the Rajesh referred above, the wife of the deceased is entitled to Rs.1,00,000/- toward In view of the above settled legal position, it is clear that the claimants need not claim any specific amount.

The r It may not be desirable to enhance the amount awarded to the respondents/claimants in this appeal.

However, admitted In the above circumstances, I consider it just and reasonable to remand the matter to the lower Tribunal to enable the Accordingly, the appeal is disposed of.

No order as to costs.

Miscellaneous petitions, if any, pending in this appe ______________________ B.CHANDRA KUMAR,J12h February, 2014