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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA
Dyanaboina Kalamma – Appellant
Versus
Manikanta Parboiled Rice Industries – Respondent
JUDGMENT :
NARSING RAO NANDIKONDA, J.
This M.A.C.M.A. is filed by the appellants/petitioners under Section 173 of M.V.Act against the Award and decree passed by the II Additional Chief Judge – cum - Motor Accidents Claims Tribunal, City Civil Court, Hyderabad (hereinafter referred to as ‘the Tribunal’) in M.V.O.P.No.2438 of 2017, dated 17.01.2020, seeking compensation of Rs.20,00,000/- on account of the death of Dyanaboina Chinna Narsaiah (hereinafter referred to as “deceased”) in an accident that occurred on 23.08.2017.
2. For convenience, the parties will be hereinafter referred to as they are arrayed before the Tribunal.
3. The brief facts of the case are that appellant/claimants earlier filed M.V.O.P.No.2438 of 2017 under Section 166 of the M.V.Act, 1988, seeking compensation for the death of the deceased, who died in the accident alleged to have caused due to rash and negligent driving of the driver of the Lorry. It is contended that on 23.08.2017, the deceased was proceeding on his TVS XL moped and when he reached Durgamma Temple in the outskirts of Gouraipally village, a Lorry bearing No.AP-27-U-1235 came in rash and negligent manner with high speed being driven by its drive
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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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