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Mr. B Mallikarjuna vs Mr.T.Ramalingeswaram And 2 ...
2022 Latest Caselaw 7609 AP

Citation : 2022 Latest Caselaw 7609 AP
Judgement Date : 11 October, 2022

Andhra Pradesh High Court - Amravati
Mr. B Mallikarjuna vs Mr.T.Ramalingeswaram And 2 ... on 11 October, 2022
BVLNC                                              MACMA 2056 of 2017
Page 1 of 21                                        Dt: 11.10.2022




               HON'BLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

                            MOTOR VEHICLE ACT

               CIVIL MISCELLANEOUS APPEAL No.2056 OF 2017



JUDGMENT:

This appeal is preferred by the claimant challenging the award

dated 24.03.2017 passed in M.V.O.P.No.403/2009 on the file of Motor

Accidents Claims Tribunal-cum-I Addl.District Judge, Kurnool,

wherein the Tribunal while partly allowing the petition, awarded

compensation of Rs.4,83,530/- with interest @ 7.5% P.A. from the date

of petition, till the date of deposit to the claimant for the injuries

sustained by the claimant.

2. For the sake of convenience, the parties are arrayed as parties in

the lower Court.

3. As seen from the record, originally the petitioner filed an

application U/s.166 (1) (c) of Motor Vehicles Act, 1988 (for brevity "the

Act") claiming compensation of Rs.10,00,000/- on account of the

injuries and disability sustained by the petitioner in a motor vehicle

accident occurred on 15.11.20081 while the petitioner was proceeding

on a motor bike towards Bavipalli Village from Peapulli village and BVLNC MACMA 2056 of 2017 Page 2 of 21 Dt: 11.10.2022

when reached Bavipalli Village bus stop, one tractor-trailer bearing

No.AP21 X 7577 & 7558 driven by its driver/3rd respondent in rash

and negligent manner with high speed, dashed the motor bike, due to

which the petitioner fell down and sustained grievous injuries.

4. The facts show that on 15.11.2008 while the petitioner was

proceeding on a motor bike towards Bavipalli Village from Peapulli

village and when reached Bavipalli Village bus stop, one tractor-trailer

bearing No.AP21 X 7577 & 7558 driven by its driver/3 rd respondent in

rash and negligent manner with high speed, dashed the motor bike,

due to which the petitioner fell down and sustained fractures to both

legs, back bone, urinary bladder and genital organ. On account of the

said accident, the petitioner was shifted to Gowri Gopal Hospital,

Kurnool and later he was shifted to Global Hospital, Hyderabad for

better treatment and in the said hospital, he has undergone several

operations and he spent Rs.3,50,000/- towards treatment,

transportation, attendant charges and other expenses. The doctors

advised that he has to undergo another operation for replacement of

urinary bladder and it requires Rs.2,00,000/- towards medical

expenses. Inspite of the treatment, the petitioner could not regain

normalcy and he cannot walk without support and not in a position to BVLNC MACMA 2056 of 2017 Page 3 of 21 Dt: 11.10.2022

attend agricultural work. The petitioner is totally disabled and his

marriage prospectus has become bleak.

5. Before the Tribunal, the 2nd respondent/insurer, filed counter

resisting while traversing the material averments with regard to proof

of age, avocation, monthly earnings of the petitioner, manner of

accident, rash and negligence on the part of the driver of the crime

bus, nature of injuries, medical expenditure, alleged permanent

disability and liability to pay compensation and contended that the

accident occurred due to the rash and negligent driving of the

petitioner himself.

6. The 3rd respondent/driver filed counter denying the petition

averments, and contended that the accident was occurred not due to

his negligence, the petitioner was proceeding ahead of his tractor-

trailer, that on noticing the buffalos coming across the road, the

petitioner suddenly stopped the bike and so, the tractor hit the rear

portion of the motor bike, due to that unexpected event, stopped the

bike and the tractor hit the bike and that as the vehicle was insured

with the 2nd respondent, the 2nd respondent alone is liable to pay

compensation to the claimant. The 1st respondent remained exparte.

 BVLNC                                             MACMA 2056 of 2017
Page 4 of 21                                       Dt: 11.10.2022




7. On the strength of the pleadings of both parties, the Tribunal

framed the following issues:

1. Whether the accident took place as stated in the petition?

2. Whether the petitioner is entitled to compensation? If so, to what amount and from which of the respondents?

3. To what relief?

On 27.12.2016 the following additional issue was framed:

1. Whether the petitioner is entitled to receive the compensation from R-3? If so, to what amount?

8. To substantiate his claim, the petitioner examined P.Ws-1 to 3

and got marked Exs.A-1 to A-6 and Exs.C-1 and C-2. On behalf of the

2nd respondent, R.W-1 was examined and Exs.B-1 and B-2 were

marked.

9. The Tribunal, taking into consideration the evidence of P.Ws-1

and 2, coupled with Exs.A-1 to A-6 and Exs.C-1 and C-2, held that the

accident took place due to rash and negligent driving of the driver of

the tractor-trailer, and the petitioner contributed his negligence at

10%, and further, taking into consideration of the evidence of P.Ws-1

and 2 corroborated by Exs.A-1 to A-6 and Exs.C-1 and C-2, awarded a

compensation of Rs.4,83,530/- with interest @ 7.5% P.A. from the date

of petition, till the date of deposit.

 BVLNC                                             MACMA 2056 of 2017
Page 5 of 21                                       Dt: 11.10.2022




10. The plea of the 2nd respondent/Insurance Company is that the

accident occurred due to the rash and negligent driving of the

petitioner himself.

11. The Tribunal considered the evidence on record, and based on

the contentions of both parties, held that the accident occurred due to

the rash and negligent driving of the 3rd respondent driver and the

petitioner's negligence also to the accident and fixed it at 10%. I do

not find any illegality or irregularity in the findings or reasons recorded

by the Tribunal on that issue.

12. The Tribunal after considering the evidence of P.Ws-1 and 2

coupled with Exs.A-1 to A-6 and Exs.C-1 and C-2, awarded an amount

of Rs.2,83,508/- towards medical expenses. The Tribunal considered

the evidence of P.Ws-1 and 2 and fixed the income of the petitioner at

Rs.4,000/- per month for a period of 5 months, and arrived at

Rs.20,000/- towards loss of income for 5 months. The Tribunal

further fixed out-patient charges at Rs.21,748/-; fixed Rs.2,00,000/-

towards pain and suffering due to fractures and rupture of urinary

bladder ; fixed Rs.12,000/- towards service of the family members @

Rs.2,000/- per month for a period of six months and total comes to

Rs.4,83,530/-.

 BVLNC                                                    MACMA 2056 of 2017
Page 6 of 21                                              Dt: 11.10.2022




13.      As    seen   from   the   record,   the   2nd    respondent/Insurance

Company examined R.W-1 before the Tribunal, in support of the plea

taken by the 2nd respondent in the counter.

14. The contention of the Appellant/claimant is that the Tribunal

did not consider the nature of injuries sustained by the Appellant and

the Tribunal ought to have considered the evidence of the doctor, who

was examined as P.W-2, who categorically deposed that the petitioner

suffered from eruptional dis-functionality due to the injuries sustained

on the pelvis, and that the Appellant requires prosthesis insertion and

in that view of the matter, the Tribunal ought to have awarded just

and fair compensation towards pain, suffering and trauma and also for

loss of amenities and prospectus of marriage and also for loss of

expectation of life and loss of future earnings.

15. The learned counsel for the Appellant vehemently argued that

the Tribunal did not consider the above aspects properly and relied on

the judgment of the Hon'ble Apex Court in the case of G.Ravindranath

Vs. E.Srinivas and another1.

16. The Appellant in the claim petition filed before the Tribunal has

claimed an amount of Rs.12,50,000/- under various heads, but

1 (2013) 12 S.C.C.455 BVLNC MACMA 2056 of 2017 Page 7 of 21 Dt: 11.10.2022

restricted the claim to Rs.10,00,000/- and he claimed damages as

follows:


I. FOR SPECIAL DAMAGES


a. Amount spent so far for medical
   treatment and other expenses               : Rs.3,50,000-00

b. Amount required for future
   treatment                                  : Rs.3,00,000-00

II. GENERAL DAMAGES

a. Compensation for pain and
   suffering and loss of amenities            : Rs.1,00,000-00

b. Compensation for disability
   and disfiguration                          : Rs.1,00,000-00

c. Compensation for loss of
   earnings.                               : Rs.4,00,000-00
                                             ----------------------
                   TOTAL =                 : Rs.12,50,000-00
                                             ----------------------

But the claim is restricted to Rs.10,00,000/-.

17. The Tribunal considered the evidence of the Appellant, who was

examined as P.W-1 and the evidence of P.W-3, who was pillion rider of

the motor cycle at the time of the accident in the case and also the

evidence of R.W-1, who was employee of the Insurance Company,

apart from various documents filed by the Appellant under Ex.A-1

certified copy of FIR, Ex.A-2 certified copy of wound certificate, Ex.A-3

certified copy of charge sheet and Ex.A-6 certified copy of docket order BVLNC MACMA 2056 of 2017 Page 8 of 21 Dt: 11.10.2022

in C.C.8/2009 on the file of Judl.Magistrate of First Class of Dhone,

found that the accident was occurred due to rash and negligent driving

of the 3rd respondent/driver of the crime vehicle and rejected the

contention of the Insurance Company that the accident was occurred

due to rash and negligent driving of the Appellant.

18. It is pertinent to note down that the 3rd respondent, who was the

driver of the crime vehicle at the time of accident, in his counter stated

that the Appellant noticing buffalos coming across the road suddenly,

stopped the motor cycle, and therefore, the tractor dashed the rear

portion of the motor cycle, and as a result, the Appellant fell down and

received injuries and made an attempt to say that due to unexpected

event of the buffalos coming across the road, the accident was

occurred, but he admitted in the counter that police laid report against

him for causing the accident, and he pleaded guilty before the Court

and he was sentenced to pay a fine of Rs.1,500/- in C.C.8/2009 on the

file of Judl.Magistrate of First Class, Dhone on 29.01.2009. The

Tribunal considering all these facts and circumstances, gave a finding

that the accident was occurred due to rash or negligent act of the

driver of the crime vehicle i.e., tractor.

19. The Tribunal considered the age of the appellant in the light of

the evidence and documents available on record. The Appellant in the BVLNC MACMA 2056 of 2017 Page 9 of 21 Dt: 11.10.2022

cause title of the claim petition, mentioned the age is about 19 years,

as if he was major at the time of accident. The Tribunal basing upon

the admission of the Appellant in the cross-examination, fixed his age

at 16 years, and found that the Appellant is prohibited to drive the

motor cycle with gears and therefore, the Appellant contributed to the

cause of accident and held that the Appellant contributed to the

accident by 10% negligence.

20. The Appellant was examined as P.W-1 before the Tribunal. In

the cross-examination of the 2nd respondent/Insurance Company, he

admitted that by the date of accident, he was aged about 16 years and

a person aged about 16 years is not eligible to drive the motor bike. In

that view of the matter, I do not find any error in the finding of the

Tribunal that the Appellant contributed to the accident by 10%, as he

was not competent to drive the motor cycle at the time of accident,

though the accident was occurred due to rash and negligent driving of

the 3rd respondent, who was driver of the crime vehicle tractor at the

time of accident, which dashed the motor cycle, driven by the

Appellant at the time of accident.

21. The Tribunal upon considering the evidence of the Appellant and

the evidence of the doctor, who was examined as P.W-2 and the

medical bills produced by the Appellant towards expenses incurred by BVLNC MACMA 2056 of 2017 Page 10 of 21 Dt: 11.10.2022

him for the treatment undergone by him in Global Hospital,

Hyderabad, from 16.11.2008 to 25.11.2008, found that the Appellant

was charged a sum of Rs.2,83,508/- and awarded the said amount

towards medical expenses, against the claim of Rs.6,27,620/- by the

Appellant towards medical expenses.

22. The doctor of Global Hospital, Hyderabad, who was examined as

P.W-2, in the chief-examination deposed that under Ex.A-4 one of the

bill dated 24.11.2008 is for Rs.2,83,508/- issued by Global Hospital,

Lakdikapool, Hyderabad. In the cross-examination of the Insurance

Company, he admitted that the cash receipts covered by Ex.A-4 are

serial numbers 7, 8, 9, 10, 11 and 13 are the amounts paid by the

Appellant as advance to the hospital for the treatment and the said

amounts come to Rs.2,83,508/-. The Tribunal basing on the said

evidence, awarded a sum of Rs.2,83,508/- towards medical expenses

incurred by the Appellant for the treatment from 16.11.2008 to

25.11.2008 taken by him in Global Hospital, Hyderabad.

23. It is pertinent to note down that the Appellant in the claim

petition claimed only Rs.3,50,000/- towards medical treatment and

other expenses incurred by him, and the remaining amount of

Rs.3,00,000/- was towards future treatment. In that view of the

matter, I do not find any error in the finding of the Tribunal regarding BVLNC MACMA 2056 of 2017 Page 11 of 21 Dt: 11.10.2022

the expenses incurred by the Appellant towards medical expenses as

Rs.2,83,508/- under Ex.A-4 bunch of medical bills filed by the

Appellant.

24. The Appellant claimed a sum of Rs.3,00,000/- for future

treatment on the ground that he has to undergo operation for

replacement of urinary bladder, for which he has to spend an amount

of Rs.2,00,000/- approximately, and also contended that he suffered

from eruptional dis-functionality and he requires prosthesis insertion

and it costs about Rs.1,50,000/-. The Tribunal in its order considered

the evidence of P.W-2, who is an Urologist and treated the Appellant in

Global Hospital at Hyderabad. The evidence of P.W-2 shows that the

Appellant was readmitted in the hospital on 23.03.2009 and

Urethroplasty was done on 24.03.2009 and he was discharged on

31.03.2009, and the Appellant was advised to take further treatment

and on clinical examination, it was found that the Appellant was

suffered from eruptional dis-functionality i.e., impotency, which was

caused due to the injuries sustained in the accident by the Appellant

and the patient requires prosthesis insertion, and has to follow up

treatment continuously throughout the life and prosthesis insertion

surgery requires Rs.1,50,000/- to Rs.2,00,000/- and in the cross-

examination of the Insurance Company, the doctor deposed that no BVLNC MACMA 2056 of 2017 Page 12 of 21 Dt: 11.10.2022

estimation in writing was given for prosthesis insertion and the

Insurance Company further contended that there is no basis to say

that the Appellant requires prosthesis insertion. The Tribunal

considering Ex.C-1 and Ex.C-2 copies of case sheets of Global Hospital

pertaining to the treatment of the Appellant, held that they shows that

P.W-1 treated on Ortho side for the fractures, and no details are

forthcoming about prosthesis insertion and did not award any amount

for the future treatment expenses required for the Appellant for

eruptional dis-functionality problem.

25. The learned counsel for the Appellant contended that the

evidence of P.W-2, who is an Urologist in Global Hospital at Hyderabad

at the time of accident and treated the Appellant for the gal bladder

injury sustained by the Appellant in the accident, opined that the

Appellant on clinically examination found that he is suffering from

eruptional dis-functionality and it requires prosthesis insertion and it

costs around Rs.1,50,000/- to Rs.2,00,000/- for the treatment.

26. P.W-2 evidence shows that he was working as Consultant

Urologist, Global Hospital, Lakdikapool, Hyderabad and Appellant was

admitted in hospital on 16.11.2008 with multiple injuries including

fractures to feamer, tibia, superior and inferior rami of pelvic on left

side with urethra rupture and he was treated by an Orthopaedic BVLNC MACMA 2056 of 2017 Page 13 of 21 Dt: 11.10.2022

Surgeon and also by Neuro Surgeon and the Appellant underwent

treatment for the fractures apart from urethra rupture, which was

attended by P.W-2 and the Appellant was discharged on 25.11.2008

and he was re-admitted on 23.03.2009 and Urethroplasty was done on

24.03.2009 and he was discharged on 31.03.2009 and he requires

follow up treatment since then, and on clinical examination, it is found

that the Appellant is suffering from eruptional dis-functionality i.e.,

impotency, which was caused due to the injuries sustained in the

accident and the Appellant requires prosthesis insertion and he needs

continuous follow up treatment throughout his life and prosthesis

insertion costs about Rs.1,50,000/-.

27. In the cross-examination of the Insurance Company, it was

elicited that P.W-2 treated the Appellant for urological problems and

the Appellant has taken follow up treatment on 15.04.2009 and

thereafter Appellant took treatment as out-patient. P.W-2 denied the

suggestion of the Insurance Company that it is not necessary to incur

Rs.1,50,000/- for prosthesis insertion and P.W-2 categorically stated

that out of his experience, he deposed that the cost of the treatment

was Rs.1,50,000/- to Rs.2,00,000/-. Nothing was elicited in the cross-

examination of P.W-2 to show that his evidence is not based on any

standards relating to the treatment for eruptional dis-functionality and BVLNC MACMA 2056 of 2017 Page 14 of 21 Dt: 11.10.2022

the treatment for prosthesis insertion. Admittedly, P.W-2 was a

Consultant Urologist, working in Global Hospital, Lakdikapool,

Hyderabad, and attended the treatment of the Appelant with regard to

rupture of urethra on account of accident.

28. The learned counsel for Appellant contended that the finding of

the Tribunal on this aspect in not awarding any compensation for loss

of marriage prospectus, and enjoyment of life is not valid in law,

particularly, in view of the judgment of the Hon'ble Apex Court in

G.Ravindranath Vs. E.Srinivas and another, wherein, the Hon'ble

Apex Court held in para 14 as follows:

"One can reasonably expect that the appellant who was only 18 years old at the time of accident would live for at least next 50 years. The Tribunal awarded Rs 20,340 for expenses incurred by the appellant for treatment taken by him in the hospital. Although, Dr. Thomas did not indicate the approximate expenditure likely to be incurred by the appellant and his family for future treatment, keeping in view the nature of injuries and the fact that he will have to take treatment for the remaining life, it will be reasonable to infer that he will be required to spend a minimum of Rs 1000 per month for future treatment, which would necessarily include fees of the doctors, medicines, transportation, etc. In the absence of concrete evidence about the anticipated expenditure, we think that ends of justice will be met if the appellant is awarded a sum BVLNC MACMA 2056 of 2017 Page 15 of 21 Dt: 11.10.2022

of Rs 2 lakhs which, if deposited in a fixed deposit, would earn an interest of Rs 14,000 to 16,000 per annum."

"On account of the injuries suffered by him, the prospects of the appellant's marriage have considerably reduced. Rather, they are extremely bleak. In any case, on account of the fracture of pelvis, he will not be able to enjoy the matrimonial life. Therefore, the award of Rs.50,000/- under this head must be treated as wholly inadequate. In the facts and circumstances of the case, we feel that a sum of Rs.2,00,000/- should be awarded to the appellant for loss of marriage prospects and enjoyment of life."

"The compensation awarded for loss of future earning on account of permanent partial disablement is ex facie unreasonable. Respondent 3 did not produce any evidence to controvert the appellant's assertion that on account of the injuries suffered in the accident, he had to abandon his studies. The consequences which followed were extremely grave inasmuch as he lost all opportunities for making a career in future. The prospects of the appellant's marriage are extremely bleak. Therefore, a sum of Rs 2 lakhs deserves to be awarded under these heads."

29. The Hon'ble Apex Court in the above judgment considered the

evidence of Professor of Urology and Andrologist and held in para 21

as follows:

"From the testimony of three witnesses, it is established that as a result of accident the appellant had suffered grievous injuries in the pelvic region and he has become impotent. It is also BVLNC MACMA 2056 of 2017 Page 16 of 21 Dt: 11.10.2022

established that he has already undergone multiple surgeries and will have to take treatment in institutes like NIMS for at least 10 years."

30. In the case on hand, the testimony of P.Ws-1 and 2 established

that the Appellant had suffered grievous injuries in the pelvic region

and as a result, he suffered from eruptional dis-functionality and he

has undergone urethroplasty on 24.03.2009 and he will have to take

further treatment of prosthesis insertion, which costs about

Rs.1,50,000/- to Rs.2,00,000/-. Unfortunately, the Tribunal did not

give weightage to the evidence of P.W-2 and not awarded compensation

for future treatment expenses. Hence, in my view, the Appellant is

entitled for Rs.1,50,000/- towards the expenses to be incurred for

future treatment of prosthesis insertion.

31. The Tribunal awarded a sum of Rs.21,748/- to the Appellant

towards treatment as out-patient, but refused to award anything

towards cost of guest house charges, as no evidence was produced by

the claimant to prove the bill issued by Gayatri Guest House for

Rs.36,000/-. The Tribunal also did not grant any amount to the

Appellant towards expenses incurred by him for transportation to visit

the hospital at Hyderabad from his native place in Kurnool District

and attendant charges to visit the said hospital. The Appellant did not BVLNC MACMA 2056 of 2017 Page 17 of 21 Dt: 11.10.2022

produce any evidence regarding the expenses incurred by him for

transportation.

32. The Tribunal considered the fact that the Appellant was confined

to the bed for some months and awarded a sum of Rs.12,000/- @

Rs.2,000/- per month, for a period of six months for the service of the

family members. The Tribunal considering the age of the Appellant as

16 years at the time of accident and fixed the notional income at

Rs.4,000/- per month and awarded Rs.20,000/- for the loss of income

for a period of five months.

33. The contention of the Appellant is that no amount was awarded

by the Tribunal for the loss of income in future. The learned counsel

for Appellant submitted that the Hon'ble Apex Court in the case of

G.Ravindranath Vs. E.Srinivas and another, in similar

circumstances awarded a sum of Rs.5,00,000/- for loss of expectation

of life and loss of future earnings and for loss of amenities and

prospectus of marriage, awarded a sum of Rs.4,00,000/-, but the

Tribunal did not award any amount under these heads on the ground

that there is no evidence.

34. The evidence of the Appellant as P.W-1 and the evidence of the

doctor as P.W-2 shows that urethra of the Appellant was ruptured due BVLNC MACMA 2056 of 2017 Page 18 of 21 Dt: 11.10.2022

to the injuries sustained by him in the accident and as a result, he

suffered from eruptional dis-functionality and it requires prosthesis

insertion and the evidence of the doctor shows that the Appellant

requires follow up treatment throughout his life. I already granted a

sum of Rs.1,50,000/- towards future treatment for prosthesis

insertion. The Hon'ble Apex Court in the case of G.Ravindranath Vs.

E.Srinivas and another, awarded a sum of Rs.4,00,000/- for loss of

amenities and prospectus of marriage to the petitioner in that case,

considering the fact that he suffered grievous injuries in the pelvic

region and he has became impotent. The Tribunal did not award any

amount to the Appellant towards loss of earnings and compensation

for disability and disfiguring stating that there is no evidence in the

case to apply the principles of the Hon'ble Apex Court in the case of

G.Ravindranath Vs. E.Srinivas and another.

35. As already discussed above, the evidence of Urologist established

that the Appellant suffered rupture of urethra and as a result, he

suffered from eruptional dis-functionality and needs prosthesis

insertion and requires continuous treatment throughout his life.

Nothing was elicited in the cross-examination to prove that the

evidence of the doctor is not reliable and not based on any medical

standards. Therefore, I am of the considered opinion that an BVLNC MACMA 2056 of 2017 Page 19 of 21 Dt: 11.10.2022

additional sum of Rs.2,00,000/- can be awarded to the Appellant for

loss of amenities and prospectus of marriage and loss of expectation of

life and loss of earnings etc.

36. In that view of the matter, a sum of Rs.1,50,000/- is awarded to

the Appellant towards future treatment expenses for prosthesis

insertion, and an additional sum of Rs.2,00,000/- is awarded towards

loss of amenities and prospectus of marriage and loss of expectation of

life and loss of earnings etc., in addition to the compensation of

Rs.4,83,530/- awarded by the Tribunal. Total compensation entitled

by Appellant comes to Rs.4,83,530 + 3,50,000 = Rs.8,33,530/-,

payable with interest @ 7.5% P.A. from the date of petition, till the date

of deposit.

37. In that view of the matter, I find the Tribunal is erred in

awarding Rs.4,83,530/- only to the claimant, towards compensation,

though the claimant made claim for Rs.10,00,000/-.

38. In view of the above discussion, I am of the considered opinion

that it is a fit case to set aside the Order passed by the Tribunal.

 BVLNC                                                      MACMA 2056 of 2017
Page 20 of 21                                                Dt: 11.10.2022




39. In the result, the Appeal is allowed, by setting aside the

impugned Order dated 24.03.2017, passed in M.V.O.P.No.403/2009

on the file of Motor Accidents Claims Tribunal-cum-I Additional

District Judge, Kurnool, and it is held that the Appellant is entitled to

a total compensation of Rs.8,33,530/- with interest @ 7.5% P.A. from

the date of petition, till the date of deposit. The 2nd

respondent/Insurance Company is directed to deposit the said

compensation amount along with accrued interest thereon, within one

month from the date of the judgment. On such deposit, the

Appellant/claimant is permitted to withdraw the entire compensation

amount of Rs.8,33,530/- with accrued interest thereon. There shall be

no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall

stand closed.


                                                     _____________________________
                                                      B.V.L.N.CHAKRAVARTHI, J
11.10.2022
psk
 BVLNC                                        MACMA 2056 of 2017
Page 21 of 21                                  Dt: 11.10.2022




            HON'BLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI




                    M.A.C.M.A.No.2056 OF 2017




                        11th October, 2022


psk
 

 
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