✦ High Court of India · 04 Mar 2025

High Court · 2025

Case Details High Court of India · 04 Mar 2025
Court
High Court of India
Decided
04 Mar 2025
Length
1,178 words

lClCl Lombard General lnsurance Company Ltd.. reo. bv its Branch manaoer Branch Office, Near Sridevi Talkies, City Plaza Ccimpbx, 3d Floor, Cjn"Oni Chock. Nizamabad, Nizamabad District. ' ...PETITIONER/APPELLANT ...RESPONDENT/RESPONDENT Counsel for the Appellant: Sri Azar Sravan Kumar Counsel for the Respondent: Kondadi Aiay Kumar MACMA NO: 338 OF 2Ol8 Appeal filed under Section '173 of M.V.Act against the Order and Decree dated 04-10-2017 in MVoP No 7i7 of 2015 on the file of the court of the Motor Accidents Claims Tribunal (Princrpai District Judge) a Nizamabad. Between: lClCl Lombard General lnsurance Co Manager, Punjagufta Hyderabad Ltd., Represented by its Legal ...APPELLANTS/RESPONDENT in OP / AND / Veerasarapu Narelder s/o parvaiah, Aged about 27 years. private Em,rovee ano Ag.cutture, R/o H.No.363J2, Chandoor Vlhge, Varni Manbal, of Nizamabad Diskict. ...RESPONDENTS/PET|T|ONER in Op / Counsel for the Appellant: Sri Kondadi Ajay Kumar Counsel for the Respondent: Sri Azar Sravan Kumar The Court delivered the following COMMON JUDGMENT: i / // THE HOI{'BLE SMT. JUSTICE M'G'PRTYADARSIM M.A.c.M.A.t{ os.l22 of 2018 arld 334 of 2018 COMMO N JI'DG MENT: 1. Pursuant to the request made by the Counsel appearing for both the parties, the matter was referred to Lok Adalat' Ot 14.12.2024, tkLe matter was settled before the l'ok Adalat and an Award was passed by the Lok Adalat'

2. Since, the aPpellant in both the appeals are on€ and the same, they heard together and disposed of by way of common judgement. In view of the above' this Motor Accident Civil 3. Miscellaneous Appeal are disposed of in terms of the Award passed by the Lok Adalar' There shall be no order as to costs'

4. As a sequel, miscellaneous applications' if any' pending shall stand closed' Sd/. T. JAYASREE TY REGISTRAR D //TRUE COPY// SECTION OFFICER To,

1. The Motor Accidents Claims Tribunal (Principal Di 2. The High Court Legal Services Committee, High Court for th€ State of Jtdge) a Nizamabad Telangana at HYderabad'

3. One CC to Sri Azar Sravan Kumar' Advocate {OPUCI 4. One CC to Sri Kondadi Alay Kumar, Advocate [OPUCI 5, Two CD CoPies (Along with a copy of Lok Adalat Award) vruPsr. Y p HIGH COURT DATED: 04lO3t2O2S COMMON JUDGMENT MACMA.N0.122 of 2018 MACMA.No.338 ot Z01B .-:::=.-:. ,t J t: I 0 3 sEP 206 . ?, * o5 r i ;i;llr l,_, DISPOSING OF BOTH MACMA IN TERMS OF LOK ADALAT AWARD l+' fl+ n^ K )-> BEFORE THE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE (HTGH COTJRT FOR THE STATE OF TELAITGANA, HYOEMBAD) [Under Seclion 19 of the tegoi Services Authorilies Acl, 1987 (Cenfrol Act)] Date: 14-12-2024 Present:1 . Hon'$e Mrs'Justice S.Nanda, (Judge, tlon'5le High Court for the State of Tetangana) Chairman

2. Sri K.Venkatesh GuPta, Ad\'ocate,

3. Sri Srinivasa Srikanth, Mvocate, l ember Member m + MACMA No.l22 of 2018 & MACMA No.338 of 2018 (Before the Hon'ble High Court) Aeainst O.P.No.717 of 2015 (On the fiteof the Motor Accidents Ctaims Tribunat (District Judge) at Nizamabad) MACMA No.1 22 of 201 8 a: o() t EIWEEN: Veeraiarapu Narender, S/o Parvaiah, Aged about 29 yrs, Private f mptoyee And Agricutture, R/o. H. No. 3-63 /2, ChaMoor Vittage, Varni Mandal, Nizamabad District. AND ...Petitioner/ApPellant KlCl Lombard General lnsurance Company Ltd., Reo. bv its Branch Manager, Eranch Office, Near Sridevi Talkies, City Ptiza Comptex, 3'd Ftoor, Gandhi Chowk, Ntzamabad, Nizamabad District' ...RespondenURespondent AND l{ACt'lA. No. 33E of 20 1 8 BETWEEN: rclcl Lombard Genera[ lmurance Co.Ltd., Represented by its Legat Manager, Panjagutta, Hyderabad' Veerasarapu Narender, 5/o. Parvaiah, Aged about 29 yrs, Private tmployee and Agricutture, R/o. H. No. l-61/ 2, Chandoor Viltage, Varni Mandat, Nizamabad District' AND ...Appellants/R6Pondent in OP ...RespoMents/Respondent in OP counsel for the Appellant/claimant/ Petitioner : sri Azar sravan Kumar, Advocate f-ounset for Respondent No'2/ lnsurance ComPanY Representative of lnsurance Company : Sri Mohammed AMut Shabbeer, Senior Manager - Legat C{airns : Sri K'Ajay Kumar, Mvocate These Appeats having been referred for settlernent before this l-ok Adatat and after hearing the Learned counsel for the parties and atso the parties, the fottowing award is passed: lssr- Compensation Awarded by the Tribuna[ Compensation Awarded (Setttement Reached) in the Lok Adatat. Constitution SER \ ...\ I * o.J .t il",let'xi th- Slate AWARD Rs.90,000/ - (Rupees Ninety thousarrd onty) with proportion costs pending and future interest at 7.5% per annum. M.4.C.M.A.122 of 2018 has l>een preferred by the Ctaimant/Petitioner and lylACtrlA. No..l38 of 2018 has been preferred by the lnsurance Company . Sri Mohammed Abdut Shabbeer, Se,nior Manager-Legal Claims for the Appellant/Respondent No.2-lnsurance Company, has appeared before the Lok Adatat. The petitioner/Appettant /Claimant along with his counsel has appeared before the District Legal SeMces Authority, Nizamabad. During the pendency of both the Appeats, the Appeuant/peitioner/ Ctaimant has agreed to receive an amount of Rs.1,25,141 /- (Rupees One lakh twenty five thousand one hundred and forty seven onty) towards futl and final sel.ttement in addition to the amount already deposited and th€, lnsurance Company has agreed to pay the same. Accordingty, compromise is recorded and the case is settled before the Lol.. Adatat. ln view of the above said setttement, l-he lnsurance Company has agreed to pay the above said amcun: wlthin a period of one (1) month from the date of receipt 01 copy of this Award, after deducting the amount that was depo;ite,d, if any. ln the event of default or detay in making suct deposit, the Ctaimant/ Appeltant/Petitioner is entitled to ctaim interest as awarded by the Tribunat. sation, if an Apportionment of Com Additional Direction (s ): 1- The Appeltant/s is/are entitted to the refund of court Fee paid ir this appeat. z' The amount atready deposited by the rnsurance Company, f any, shatt be given credit to.

3. soon after deposit by the lnsurance company, the Claimant / Rospondent/ petitioner is permitted to withdraw the entire amount. ln token of consent for the above settlement and award, the perties and their counse[ have signed this award in our presence. ln terms of the compromise arrived at between the parties, the I ACMA No.122 0f 2018 and lvlACtilA No. 338 of 2018 stand disposed of. .+ +t- ofNar 1li1 No\ i t-. \i !i- lzos'' NAcrtA tD: 3?g/,t6 M,fMINr' ,22lzn16 Applicant (s) Respondent (s) G E =q o ooE NO RANCE -09 - ia6 - 10a2650 - 0312024 * c, Sta,lort Counsel for applicant (s) Counselfor respondent (s) /,,,r ol*!^ CHAIRMA N lrt"J..h-+ (rZ ME MBER siFl'c a -Qo() ( { .,b; '!^ .nj )e ME ER

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