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Written Arguments in M.v.O.P.384-2012
Written Arguments in M.v.O.P.384-2012
Written Arguments in M.v.O.P.384-2012
DISTRICT JUDGE,
ONGOLE
M.V.O.P.No.384/2012
Veerepalli Koteswara Rao and others
..Petitioners
Vs
Shaik Fazulla and others
..Respondents
was
shifted
to
Sangamitra
Hospital,
Ongole
for
from U/s.337 IPC to U/s.304-A IPC and later the Police filed Charge
Sheet in C.C.No.02/2012 before the III A.M.M Court, Ongole against
the 1st respondent.
Prior to the date of accident, the deceased had been worked
as Probationary Assistant Manager in Syndicate Bank, Yemgal,
Kolar District, Karnataka State and drawing an amount of
Rs.24,182/- as his monthly salary and if he had been alive he may
reach a good and top position in future as he got employment at
the age of 25 years.
petitioner is the younger brother and they are suffering with loss
of love and affection due to immature death of the deceased and
they are suffering with starvation after the death of the deceased
and also suffering with lot of mental agony.
Letter,
Report,
dt.07-01-2010
Bank,
dt.15-02-2010
issued
relating
to
by
the
No
consideration future prospects assessed income at Rs.18,000/p.m., dependency at Rs.12,000/- p.m., adopted multiplier of
17 and allowed Rs.24,48,000/- plus Rs.1,00,000/- for loss of
consortium and loss to estate, Rs.2,00,000/- to daughter and
Rs.1,00,000/- each to widow and mother for loss of love and
affection and Rs.25,000/- for funeral expenses Award of
Rs.14,93,700/- enhanced to Rs.29,73,000/-.
According to the above said decision, the Honble Supreme Court
taking the earnings of the deceased as doubled i.e., Rs.9,000/- X
2=Rs.18,000/- and applied 1/3rd deductions towards personal
expenses, as the dependants are 3 members.
Thereby the
(Para-33).
5
The
rash and negligence of the Lorry was amply proved by all the
documents and the manner of accident itself speaks volumes of
rash and negligence of the 1st respondent.
Therefore all the respondents 1 to 3 are jointly and severally
liable to pay compensation to the petitioners and the petitioners
are fully entitled for claiming above compensation.
Be pleased to Consider
Ongole,
Dt.05-06-2015.
V.V.P.K
Petitioners
M.V.O.P.No.384/2012