The High Court · 2025

Counsel forthe Respondent Nos.1 to 3: SRI G RAVI CHANDRA SEKHAR The Court made the following: ORDER I J sfiJ cRP 30.1 ,0!5 HON'BLE MRS. JUSTICE SUREPALLI NANDA C.R.P.No.303 of 2025 ORDER: The present Civil Revision Petition is preferred seeking prayer as under: "...to allow the Revision by setting aside the orders passed in I.A.No.21 of 2025 in M.A.T.O.P.No.92 of 2023 dated 07,01.2025 on the file of the Hon'ble Motor Accidents Claim Tribunal-cum-Principal District Judge, Kothagudem thereby permitting the petitioners herein to pursue their proper legal remedy by filing appropriate applications in the main MATOP and pursue the said matter in proper perspective and pass such other order..."

2. The Revision Petitioners are respondents l and 2 before Motor Accidents Claim Tribunal-cum-Principal District ludge at Kothagudem. The respondents 1 and 2 filed I.A. No.21 of 2025 before the Tribunal seeking adjournment of the case for two weeks. In the petition it is pleaded that on t6.12.2024 their evidence was closed and that their counsel on record had filed counter on their behalf without obtaining their signatures thereon and that on account of the negligence of their counsel on record, their case till then was not conducted properly and so they changed their counsel by obtaining no objection on Vakalat >r" I and therefore for the purpose of pursuing their case properly the adjournment for two weeks was necessary.

3. The Tribunal by docket order dated 07'.01.2025 returned the petition observing that the case docket reveals that the evidence oF the petitioners/claimants was closed on LL.09.2024 and the case was posted for evidence of Respondent No'3 to

07.LO.2024 and that there was no representation for R1 and R2 let alone filing of chief affidavit on their behalf and at that stage the petition for adjournment could not be entertained.

4. Heard Sri S.Keshava Rao, learned counsel appearing on behalf of the petitioners and Sri G.Ravi Chandra Sekhar, learned counsel appearing on behalf of the respondents. Perused the Record.

5. The petitioners filed copy of the case docket showing entries from 27.09.2023 to L6.12.2O24. As can be seen from the docket the trial commenced on 11.09.2024 aild on that day P.Ws.1 and 2 were examined and Exhibits A1 to A8 were marked and the evidence of petitioners/claimants was closed and case was posted for evidence of Respondent No.3 to 07.10.2024. From that date, the case underwent adjournments on

21.1o.2024, 06. LL.2024, 22.11.2024, 27 .LL.2024, tL.12.2024 ) SNJ and 16.12.2024 on which date the evidence of respondent No.3 was closed and the case was posted for arguments to 07,01.2025. From the above docket entries it is quite apparent that the case was not posted for the evidence of R1 and R2. In other words, on 07.10.20 24 lhe Tribunal after closing the evidence of petitioners/claimants straight away posted for evidence of R3 without giving opportunity for R1 and R2 to I adduce evidence on their behalf.

6. The Tribunal without going through the docket orders properly in fact erroneously observed that there was no 1 I representation on behalf of the R1 and R2. When the case was not at all posted for the evidence of R1 and R2 there is no justification to point out that the chief affidavit of Rl or R2 was not filed. Apart from this the counter filed on behalf of R1 and R2 does not contain the signatures of R1 and R2 and so the petitioners Rl and R2 are justified in seeking adjournment for two weeks to take appropriate steps for proper pursuit of the case since they had changed their counsel.

7. For the foregone reasons, this Court is of the considered opinion that the impugned docket order dated 07,O1.2O25 in I.A.No.21 of 2025 in MATOP No.92 of 2023 6 sl\J cRP 303 2015 I on the file of the Court of Motor Accidents Claim Tribunal- Cum-Principal District Judge at Kothagudem is set aside and the matter remanded to the concerned Court for fresh disposal according to Law. AccordinEly, the present Civi! Revision Petition is disposed of. However there shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed I I I //TRUE COPY// Sd/. MOHD. ISMAIL DEPUTY REGISTRAR ISECTIO 1,, , MOFFICER One Fair Copy to the Hon,ble Mrs Justice Surepalli Nanda (For Her Lordship's rina perusii)- - To, Tribunal-cum-Principa. District Judge, The Motor Accidents Claim Kothag_udem(With records, if any) 11 LR Copies The Under Secretary, Union of lndia, Ministry of Law, Justice and Company Affairs, New Dethi The Secretary, Advocates Association Library, High Court for the State of Telan-gana, High Court Buildings at Hyderabaj lne CC to SRt S KESHAVA neO, ndro"rt" tbpUCt One CC to SRt G RAV| CHANDRA SEKHAR,'Al;o;te IOPUC] Two CD Copies 2 3 4 5 b 7. ADK/kam HIGH COURT DATED:01 10512025 ORDER CRP.No.303 of 2025 ':.::,-\ ,.4 .$' *\ \* (^. ") ;" I c l! I ,.ll t^ (J ,:- ,) ttclHT DISPOSING OF THE CRP WITHOUT COSTS 1/ 1z ,/4 ,/;zes I I