Justice K. Surender was dealing with an appeal filed by United India Insurance against the award of Rs 4.26 lakh.
The Telangana High Court ruled that it was well settled that in the matter of insurance claim, compensation in reference to the motor accidents, the court should not take hyper technical approach and ensure that just compensation is awarded to the affected person or the claimants. The judge maintained that investigation done by the police was not final, but, subject to verification by the court and on facts, the court could always draw its own conclusions. The judge held that the argument of counsel appearing for an insurance company that the investigation of a police officer was final, could not be accepted. Justice K. Surender was dealing with an appeal filed by United India Insurance against the award of Rs 4.26 lakh. The judge not only rejected the insurance appeal but also more than doubled the compensation amount to `9.54 lakh. Venkat Reddy's dependents moved the motor accidents tribunal on his death in an accident according to the insurance company. The deceased was shown as the one who had caused the accident and the case was abated on account of his death. Since the police investigation did not reveal the complicity of the insured vehicle and its driver, the question of fastening liability on the insurer does not arise. The contention of the claimants is that the deceased and his friend were going on a motorcycle from Nidamnoor to Miryalaguda and around 8.30 pm, the bike dashed against a stationed tractor and trailer. On account of impact, the deceased was taken to hospital, where he succumbed. Justice Surender observed that the tractor was parked on the left side of the road without any indicators or lights, which when on could have enabled other drivers to maneuver their vehicles.
Businessman accused of employing minor gets bail
Justice K. Sujana of the Telangana High Court granted bail to a food business operator accused of employing a minor for low wages. The judge was dealing with a criminal petition filed by one Syed Shah Ghouse Mohiuddin Hussaini Quadri. According to the prosecution, the petitioner was arrested after the police discovered that the petitioner had employed a minor boy for less wages despite the child’s efficiency at work. Based on this, a case was registered against the petitioner inter alia for unlawful compulsory labour under Bharatiya Nagarik Suraksha Sanhita (BNSS) and offences under the Juvenile Justice Act and the Child Labour (Prohibition and Regulation) Act. Despite these allegations, the petitioner argued that he was unaware of the victim’s age and he had no prior criminal record. Counsel for the petitioner contended that all material witnesses were examined, making further detention unnecessary. The petitioner also submitted that he had been in judicial custody since January, which was causing hardship to his family. The judge observed that the petitioner had no criminal antecedents and that the key aspects of the investigation had been completed. Considering these factors, the court deemed it fit to grant conditional bail to the petitioner.
Grandfather seeks custody of infant
The Telangana High Court will decide a writ plea challenging the denial of custody of a three-and-half month-old baby girl to her maternal grandfather. Justice Surepalli Nanda was dealing with a writ plea filed by a resident of Siddipet, against the alleged inaction of the state authorities in granting custody of the child and providing adequate medical care. According to the petitioner, the district child protection office took custody of the baby, despite the petitioner being her only natural guardian. The petitioner contended that the child suffers from severe respiratory issues and is in a critical condition and yet proper medical care is not being provided. The petitioner further alleged that the inaction of the authorities is depriving the child of her basic rights, causing severe hardship and risk to her health. The petitioner argued that denying custody without considering the paramount interest and welfare of the child is illegal, arbitrary, and violates fundamental rights under the Constitution. The petitioner sought immediate custody of the girl until her biological mother turns a major.
HC upholds decision to reduce size of Mancherial crossroads
The Telangana High Court dismissed a writ petition challenging the demolition of four roundabout structures in Mancherial municipality. Justice K. Lakshman was dealing with a writ petition filed by A. Naresh Kumar and three others from Mancherial. They questioned a resolution passed by the municipality, which approved demolition and reduction in the size of the roundabouts at IB chowrasta, Venkateswara talkies, Bellampally chowrasta, and Lakshmi talkies. The petitioner also sought a direction to the district collector to consider their representation. It was argued that the decision was made to ease traffic flow and improve road safety. It was also pointed out that the petitioners were part of the resolution process and that due procedure was followed. The petitioners, however, maintained that the area was not accident-prone and that objections raised by the petitioners in a meeting conducted by the respondents were ignored. During the hearing, the judge questioned as to how the resolution was passed if there was no majority vote. The petitioner argued that he was in minority in opposing the decision. After hearing both sides, the judge did not find any merit in the writ petition and dismissed the same. The judge observed that the matter did not warrant judicial intervention.
