S.SUBHADRA vs. N.SUBBA RAO

Case Type: Civil Appeal

Date of Judgment: 25-04-2009

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Full Judgment Text

1 ITEM NO.22 LOK ADALAT NO.1 SECTION XIIA S U P R E M E C O U R T L O K A D A L A T CIVIL APPEAL NOS.2833-2836 OF 2009 @ Petition(s) for Special Leave to Appeal (Civil) No(s).18959-18962/2008 (From the judgement and order dated 03/10/2007 in M.A.C.M.A.Nos.321,333,341 & 379/2005 of The HIGH COURT OF JUDICATURE OF A.P. AT HYDERABAD) SMT.S.SUBHADRA Appellant(s) VERSUS N.SUBBA RAO & ANR. Respondent(s) (With prayer for interim relief and office report ) Date: 25/04/2009 These appeals were taken up today for settlement. CORAM : HON'BLE Dr. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE P. SATHASIVAM For Appellant(s) Mr.D.Damodar Reddy, Adv. Mr.M.Krishna Reddy, Adv. Mr.Shwetank Sailakwal, Adv. For M/S Lawyers' Knit & Co.,Advs. For Respondent(s) Mr.Kishore Rawat, Adv. For Mr.M.K.Dua,Adv. This matter was taken up at the Supreme Court Lok Adalat with the consent and agreement through their counsel. The following order/award is passed :- Leave granted. In these cases, the claim petitions were filed by the claimants who had suffered injuries in the accident which occurred on 7.7.1999. The claim petitions were rejected by the Tribunal in the cases of Smt.D.Premalatha, Shri D.Damodar and Smt.S.Subhadra; so far 2 as Kum.D.Shilpa is concerned, a sum of Rs.15,000/- with 9% p.a. interest was awarded. Appeals were filed by the claimants before the High Court, which directed payment of Rs.70,000/- in the case of aforesaid claimants nos.1 to 3 and Rs.35,000/- in the case of Kum.D.Shilpa. In all these cases, interest @ 7.5% p.a. was awarded. Heard learned counsel for the parties. We dispose of the appeals, with the following directions : The amounts payable shall be in case of : i) Smt.D.Premalatha Rs.2,00,000/- ii)Shri D.Damodar Rs.3.50,000/- iii)Smt.S.Subhadra Rs.2,25,000/- This amount is inclusive of interest. There is no variation in the claim relating to Kum.D.Shilpa. The amounts fixed as above shall be paid after adjustment of any amount already paid within a period of four weeks. The appeals are disposed of accordingly. (P.Sathasivam) (Dr.Arijit Pasayat)