IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Narsing Rao Nandikonda
Kanneboina Naga Raju – Appellant
Versus
Chanumolu Nageswara Rao – Respondent
JUDGMENT :
Narsing Rao Nandikonda, J.
This appeal is filed by the appellant-claimant under Section 173 of the MOTOR VEHICLES ACT , 1988 (for short, ‘the Act, 1988’) aggrieved by the order and decree, dated 30.10.2019 in M.V.O.P.No.320 of 2015 passed by the learned Motor Accidents Claims Tribunal-cum-Special Sessions Judge for Fast Tracking the case relating to Atrocities against women-cum-VIII Additional District Judge, Khammam (for short, ‘the Tribunal’)
2. The brief facts of the case are that the claimant filed a claim petition under Section 166 of the Act, 1988 seeking compensation of Rs.6,00,000/- with costs and interest @16% per annum from the date of accident till realization.
3. On 26.08.2013 at about 00:00 hours, the claimant (injured) who is a cleaner came to Kothagudem with coal load in tipper bearing No.AP-20-TC-2455 from Sathupally and the driver stopped in serial to unload coal at Anandhkhan Pumping, meanwhile, he got down and stood by the side of lorry and the driver suddenly moved the lorry in rash and negligent manner and dashed against the claimant. Due to which the claimant fell down and sustained fracture of left foot, comminuted fracture of both bones of left leg.
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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