The High Court · 2025
Case Details
Acts & Sections
Mr. N.Charldra Sekhar, Iearned Standing Counsel for TSRTC lor the appellant JUDGMENT: The proof of service fired by the appellant does not indicate which respondent has been served and which respondent has not been served. There are six respondents in the cause titre. The postal track rcporL shows "Item Delivered (Sender),, that is to an unspecihed respondent on 72.02-2025 but also shows "Item Returned Insufficient Address" on 1O.O2.2O25. There are several postal track reports which lurther confuse the fact of service to the respondents.
2. The present Appeal is of 2023 and the appellant was directed to sene notice to the respondents both by personal service as well as by Court process by a Co-ordinate Bench on 24.01.2023. The appellant was also directed to Iile proof of service. The appellant was thereafter given liberty of issuing fresh notice on 13.03.2023 as well as pcrsonal service ald was again directed to file proof of ser...ice. The appellant did not take arry steps for listing or hearing of the matter from 13.03.2O23 t1l| 28.01.2025 i.e., almost three years and even thereafter remained unrepresented on at least one occasion. I ) It is evident from the submissions made by learned counsel 3. appearing for the appellant that counsel does not have sufficient instructions from the appellant This would be evident from the docket orclers datecl 04.O2.2025, O5.O2 2025 arid 12 O2'2o25' 4 . The appellan t was girren several opportunities to explain serwice/ non-sen'icc to the respondents and file proof of the same 'lhe appellant was however unable to do so despitc sufltcient time being given. We arc accordingly of the view that the petitioner has not shown any diligence in proceeding with the matte r'
5. M.A.C.M.A No.94 of 2O23 ts accordingly dismissed. Interim orders, if any, shall stand vacaled ancl all connectccl applications are disposed of. There shall Lre no order as to costs //TRUE COPY// ,3P,|rY'JPa,L'+Sk SESfforr,"=* To, The Chairman, Principal tvlotor Accidents Claims Tribunal-Cum-ll Addition ;,'Hi ;;;;' warangal (with Records if anv)' one cc to sRl. cHnnonn' J'rl;il il it; ibn rsnrc zoNE 2) Advocate 1 2 toPUCl
3. Two CD CoPies L.- cK I I I I I I l i I I I i i I I * I :ar--".:''t :t; - - . .":.r '. ...'''n.:::-=....=- . _ a','-.. j HIGH COURT DATED:1410212025 / ..--."ei-a-.-=:t\... lt"' t ,i. ,.\'1.;:; il,;=,, :._1. qeJ Ns ') _t, .!, .', * -.. . -;t-- i-,-=r. -t JUDGEMENT MACMA.N o.94 ot 2023 I I I ] i I i I ; i I ! I i DIMISSING OF THE MACMA WITHOUT COSTS b lA I q I [ 344e ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HONOURABLE JUSTICE B.R.MADHUSUDHAN RAO MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 94 OF 2023 Between:
1. Telangana State Road Transport Corporation, Rep by its, Managing Director, Musheerabad, Hyderabad. AND ...AppellanURespondent
1. S.Yaka Laxmi, W/o. Late Narsaiah, Aged.35 years, Occ- Household. 2. S.Prasanna, D/o. Late Narsaiah, Aged.18 years ,Occ- Student. 3. S. Narender, S/o. Late Narsaiah, Aged.15 years, Occ-Student. 4. S.Sharadha, D/o. Puppala Venkataiah, Wio. Late Ramaiah Aged.55 years, Occ-Nil
5. S.Suvarna, D/o. Late Ramaiah, Aged.42 years,Occ-Nil. All are Rl/o.H.No.2-8 1 , Kommulavancha- Village, Narsimhulapeta-lvlandal, It/ahabubabad- District are presently residing and District. Shiva Nagar, Warangal city -at (Respondent No.3 being Minor, Rep by his Natural Mother i.e. Respondent No.'1 as Guardian)
6. G.Yallaiah, S/o. Somaiah, Aged.54 years, Occ- Driver of the crime Vehicle (ISRTC Driver No.561337), F/o.Rekula Avuthapuram, pedda Vangara Mandal, Warangal District. Appeal filed Under Section 1 73 of Motor Vehicles Act, 1988 against the Award and decree in Ivl.V.o.P.No.779 of 2019 dated. 02.08.2022 on the file of the court of The chairman, Principal Motor Accidents claims Tribunal-cum-ll Addition District Judge, Warangal. ... RespondenURespondent This appeal comino on.for he-aring and upon perusing the grounds of appeal, the Judgment and Decre6 of the Tribunir ,no ti"',.iJteriar papers in the case and upon hearing the arguments of sri N- chandra sur.r.,r.. Advocate for the Appe[ant5 and of None Appeared for the respondent No..l to 6. This Court doth Order and Decree as follows: 2 Motor Accident Civil
1. That the dismissed That the lnterim orders if any, Shall Stand Vacated and all Connected applications are disposed off. That save as aforesaid, the Judgment and decree of the Tribunar shafl stands confirmed in all other respects; and fvliscellaneous Appeal be and hereby is 4 That there shall be no order as to costs in this appeal. To, 2 //TRUE COPY// SD/. MOHD. ISMAIL DEPUW REGISTRAR ,."r,offi".* The chairman, principar Ar'rotor Accidents craims Tribunar-cum-, Addition Distri_ct Judge, Warangal (With Records if any). Two CD Copies GK HIGH COURT DATED:1410212025 ,t DECREE MACMA.No.94 of 2023 DIMISSING OF THE MACMA WITHOUT COSTS lA ,/ ,b. f x /