Telangana HC Raises Accident Compensation To Rs 15 L
According to the appellant, the accident occurred when the motorcycle on which he was riding pillion was hit by an autorickshaw driven in a rash and negligent manner
Justice Renuka Yara of the Telangana High Court enhanced the compensation awarded to a 21-year-old accident victim from Rs 6,16,623 to Rs 15,03,623 with 9 per cent interest per annum, holding that the Motor Accident Claims Tribunal inadequately considered the nature of injuries and resulting hardship. The judge was hearing a MACMA appeal filed by Bheemanathi Rajasekhar, who suffered grievous head injuries in a motor vehicle accident in December 2017. According to the appellant, the accident occurred when the motorcycle on which he was riding pillion was hit by an autorickshaw driven in a rash and negligent manner. The claimant contended that the injuries required cranial surgery and led to long-term memory loss and behavioural disturbances. The tribunal earlier awarded Rs 6.16 lakh but exonerated the insurer, directing it to pay and recover from the vehicle owner. Challenging the quantum of compensation, the appellant sought enhancement on several grounds, including permanent disability, future medical expenses and loss of earning capacity. Justice Yara, noting the absence of any disability certificate, held that the evidence on record, particularly the testimony of a neurosurgeon, was sufficient to award compensation for future loss of amenities and income. The judge held that the earlier award of Rs 5,000 towards pain and suffering was inadequate and enhanced it to `50,000. The judge also took into account the estimated costs of future surgery and lifelong medication to prevent epileptic seizures. Taking into consideration all heads of compensation, including pain and suffering, medical expenses, loss of income, future surgery, and future medical costs, the judge held the claimant was entitled to enhanced compensation. The insurer, Iffco-Tokio General Insurance Company, was directed to pay the enhanced compensation within two months and recover it from the vehicle owner thereafter.
Road through agri land questioned in HC
Justice T. Madhavi Devi of the Telangana High Court took on file a writ plea filed by four members of a family from Narayanpet district, challenging alleged attempts by the authorities to lay a BT road through their agricultural land without following due process. The judge was hearing a writ plea filed by Pavan Kumar Parade and others who contended that officials of the panchayat raj department, including the executive engineer, along with the district collector and the mandal development officer, were acting arbitrarily in seeking to lay a road from the Krishna railway bridge to Gurajala through their private land measuring about 3.48 acres in Krishna village. The petitioners submitted that the land had historically been under agricultural use by their family and that a car track laid for their private access was now being projected by villagers as a public path. They argued that mere usage by some locals did not create a public right-of-way and that only a notified village map could determine the status of the land. It was contended that satellite imagery or Google Maps do not establish any legal right for the state to treat the car track as a public road. The revenue authorities contended that there was no formal proposal for laying of the BT road and that no requisition had been received by them from the panchayat raj department for acquisition or for initiation of proceedings. The judge directed the revenue respondents to produce the relevant village map to verify the status and nature of the land in question.
Govt says no wrongdoing by IVF centre
Justice Nagesh Bheemapaka of the Telangana High Court will continue to hear a writ plea seeking action against a city-based IVF centre and its doctors for allegedly conducting illegal sex determination and the subsequent termination of a six-month pregnancy. The judge was dealing with a writ plea filed by Thokala Gangadhar. The petitioner alleged that despite serious violations of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act), no criminal prosecution, departmental inquiry or statutory action was initiated against Dr Rekha Rani of Rekha Sagar IVF and Research Centre, politician Arra Swamy and others. The petitioner contended that the inaction of the child welfare and women protection cell, Karimnagar, and other authorities was illegal, arbitrary and violative of fundamental rights guaranteed under the Constitution. The petitioner sought a direction from the court to conduct a comprehensive and time-bound inquiry into the alleged illegal sex determination and unlawful abortion carried out at the medical facility. The petitioner also sought a direction to the authorities to take strict legal action, including sealing the hospital premises for gross violations of statutory provisions and ethical medical standards. The government pleader informed the judge that a complaint was lodged and an inquiry was conducted, during which no truth was found in the allegations. Counsel for the petitioner sought time to obtain further instructions.
HC hears rival claims in Railway tender
Justice N.V. Shravan Kumar of the Telangana High Court took up rival claims arising out of the tenders floated by the South Central Railway, Secunderabad. The tender related to a contract to set up a mechanised laundry at Secunderabad on a B-O-O-T (Bill-Own-Operate-Transfer) model, with an estimated cost approval of Rs 435 lakh. The activity includes the operation of laundry and supply of washed linen for 10 years and supply of linen on board to AC coach passengers and supply of new bedsheets on a regular basis. The first writ petition was filed by Leotech Process challenging the awarding of the work to Tharu and Sons. The other writ petition was filed by ASFG Supreme Laundry Services, challenging its disqualification from the tender process. According to the Leotech Process, Tharu and Sons, the successful bidder, had violated the tender conditions and was earlier terminated at the instance of the Northern Railway. It is also alleged that the successful bidder had suppressed the fact.
HC warns Nakrekal SHO of contempt
Justice B. Vijaysen Reddy of the Telangana High Court has issued a stern warning to the station house officer (SHO) of Nakrekal, Rajashekar, for contempt in connection with a land dispute over agricultural property in Nomula, Nalgonda district. The case arose from a contempt petition filed by Kandala Saraswathi.
Appearing in person, Saraswathi alleged that despite prior court directions and approval from the mandal revenue officer, the SHO obstructed her cultivation activities and even threatened her with arrest. She further accused him of reporting for duty under the influence of alcohol. The dispute involves about 20 guntas of agricultural land. The petitioner claimed repeated interference by local police despite multiple judicial directions. Earlier, the High Court had ordered land demarcation and police aid, but execution of these orders reportedly stalled. The government pleader countered that the petitioner had failed to clearly identify the land.
Finding prima facie evidence of disobedience, Justice Vijaysen Reddy reiterated his earlier directions to provide police protection, subject to the petitioner producing prior court orders and accurately demarcating the property. The judge warned that continued defiance would require the personal appearance of SHO Rajashekar before the court.