✦ High Court of India · 20 Feb 2025

The High Court · 2025

Case Details High Court of India · 20 Feb 2025

7. Edugonipally Nathi Sriram, S/o Late Edugonipally Nathi ,\ rlaneyulu Aged about 2 years Occ. NIL (Respondents No.2 to 4 and 7 are minors represented By their Mother, guardian, i.e Respondent No.'l) R/O Moo a Malla village, Atmakuru Mandal. Wanaparthy District, presently resident of H.No. 3-4-81 I 1 l,Kachiguda, Hyderabad. ...Respondent Ir os.1 to 7/Petitioners 8, A. Ravi Kumar, Sio A. Masanna, Major, Business, R/o H l.lo-3-4-98/3/A, Near Narasimha Nagar Colony, Mallapur, Ranga Reddy District lOwner of Mahindra and Mahindra car Bearing No. TS- 08UA- 3801) ...Respondent No. }/Respondent No.1 lA NO: 4 OF 2024 Petition under Section 151 of CPC praying that in the : -cumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of the orded decree dated 231 12 12022 passed in M.V.O.P.No.821 of 2018 on the file of the Court of the Mo:cr Accidents Claims Tribunal - Cum - Xl Addrtional Chief Judge, City Civil Courts, a Hyderabad. lA NO: 5 OF 2024 Edugonipally Nathi Savithri. Wo Late Edugonipally Nath i \njaney about 25 years, Occ: House Hold, R/o Moola Malla villaqe Atmak Wanaparthy District ulu, Age uru Mandal,

2. Edugonipally Nathi Anusha, D/o Late-Edugonipally Nathi Lnjaneyulu, Aged about 6 years, Student, R/O Moola Malla village, Atmakur r Mandal, Wanaparthy Distrrct

3. Edugonipally Nathi Alekya, Dio Late Edugonipally Nathi ,\ rjaneyulu, Aged about 3 years Occ. NlL, R/O Moola Malla village, Atmakrrrr Mandal, Wanaparthy District,

4. Edugonipally Nathi Sravanr, D/o Late Edugonipally Nathi Lnjaneyulu, Aged about 1 year Occ NlL, R/O Moola Malla village, Atmakuru Mandal, Wanaparthy District,

5. Edugonipally Nalhi Govindamma, Wlo Edugonipally Nathi Savaranna, Aged about 50years, Occ House hold, RiO Moola Malla villagr>. Atmakuru Mandal, Wanaparthy Dist.rct,

6. Edugonipally Nathi Savaranna, S/o Edugonipally Nathi Sa rararanna, Aged about 55 years Occ NlL, R/O Moola Malla village, AtmakL ru Mandal, Wanaparthy District,

7. Edugonipally Nathi Sriram,_S/o Late Edugonipally Nathi l\njaneyulu Aged about 2 years Occ. NIL R/O Moola Malla village, Atmakurr Mandal, - Wanaparthy District Petitioners Nos.2 to 4 &7 are minors represented by their mother, guardian i.e., Petitioner No.'1 ) . Respondents/Claimants AND 1. Bajaj Allianz General lnsurance Company Limited., Represented by its Divisional Manager,4th Floor, North East Plaza, opposite RTA Office, Beside BMW Showroom, Erramanjil X Roads, Hyderabad,Telangana. ...AppellanUPetitioner 2. A. Ravi Kumar, S/o A. Masanna, Major, Business, R/o H. No-3-4-98/3/A, Near Narasimha Nagar Colony, Mallapur, Ranga Reddy District (Owner of Mahindra and lvlahindra car Bearing No. TS- 08UA- 3801) ...Respondents/Respondent No.1 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the lnterim stay granted in lA No. 4 of 2023 in MACMA No.554 of 2024, dt.03-06-2024 by permitting the Respondents/Claimants to with draw the deposited amount without furnishing any security. Counsel for the Appellant :SRl P RAMAKRISHNA REDDY Counsel for the Respondents: SRI P RAMAKRISHNA REDDY X-OBJ.No.51 of2024

1. Edugonipally Nathi Savithri, W/o Late Edugonipally Nathi Anjaneyulu, Age about 25 years, Occ: House Hold, Rio Moola Malla village, Atmakuru Mandal, Wanaparthy District

2. Edugonipally Nathi Anusha, D/o Edugonipally Nathi Anjaneyulu, Aged about 6 years, Student, R/O Moola Malla village, Atmakuru Mandal, Wanaparthy District

3. Edugonipally Nathi Alekya, D/o Edugonipally Nathi Anjaneyulu, Aged about 3 years Occ. NlL, R/O Moola Malla village, Atmakuru Mandal, Wanaparthy District,

4. Edugonipally Nathi Sravani, D/o Edugonipally Nathi Anjaneyulu, Aged about 1 year Occ. NlL, RiO Moola Malla village, Atmakuru Mandal, Wanaparthy District,

5. Edugonipally Nathi Govindamma, Wio Edugonipally Nathi Savaranna, Aged about sOyears, Occ. House hold, R/O Moola Malla village, Atmakuru Mandal, Wanaparthy District,

6. Edugonipally Nathi Savaranna, S/o Edugonipally Nathi Savararanna, Aged about 55 years Occ. NlL, R/O Moola Malla village, Atmakuru Mandal, Wanaparthy District, I

7. Edugonipally Nathi Sriram S/o Edugonipally Nathi Anjarrr yulu Aged a-bout 2 years Occ. NIL R/O Moola Malla village, Atmikuru [\4aniial, Wanaparthy District Petitioners Nos.2 to 4 &7 are minors represented by their rrother, guardian i.e., Petitioner No.'l) ..Cross Objectors AND

1. A. Ravi Kumar. S/o A. Masanna, Major, Business, Rkr .1. No-3-4-98/3/A, Near Narasrmha Nagar Colony,Mallapur, Ranga Redcy District (Owner of Mahindra and Mahindra car Bearing No. TS- 08UA lt)01) 2 Qajaj Allianz General lnsurance Company Limited., Flepresented by its Divisional Manager, 4th Floor, North East Plaza, oppc.;ite RTA Offi-ce, Beside BMW Showroom, Erramanjil X Roads, Hyderatrad,Telangana. Policy No.OC-'18-1 834-1803-00000004, valid from 24.0,t.2011 to 23.04.2O'l8l ...Respondents Counsel for the Appellants :SRl P RAMAKRTSHNA REDDY Counsel forthe Respondent No.1 : SRI P RAMAKRISHNA REDDY Counsel forthe Respondent No.2 : SRI A RAMAKRISHNA REDDy The Court delivered the following: Common Judgment w ./.. HON,BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY M.A.C.M.A.N 0.554 of 2o24 and X.OBJ. No.S1 of 2O24 COMMON JUDGMENT: It is represented that the matter has been referred to the LokActalatandafterclucdcliberations,theLokAdalatpassed an au,ard on 14.12.2024 ers per the terms agreed upon by the parties. The original arvard dated 14 '12'2024 is filed before this CourL and the same is tzrke n on record'

2. Accordingly, this appe al along with X'Objection 1S clisposed of in [erms o[ the award dated 14 12 2024 by the Lok Adalat closed To, Pending miscellaneous applications, if any, shall stand SD/.M.OSMAN ALI BAIG SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER I

1. The Motor Accidents Claims Tribunal -Cum - Xl Additional Chief Judge, City Civil Courts, at Hyderabad (With records, if any)

2. One CC to SRI A RAMAKRISHNA REDDY, Advocate [OPUC] 3. One CC to SRI P RAMAKRISHNA REDDY, Advocate [OPUC] 4. Two CD Copies ADK/PSL *tu Along with a Copy of Lok Adalat Award. HIGH COURT DATED:2010212025 ..,d 16 :t[j im 'l JUDGMENT MACMA.No.554 of 2024 AND X-OBJEC IIONS No'51 oF 2024 DtspostNc OF THE MACMA AND X-OT3JECTIONS IN TERMS OF THE AWARD PASSED I3Y THE LOK ADALAT b { ,/, BEFORE THE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE (HIGH COURT FOR THE STATE OF TELANGANA, HYDERABAD) [Under Seclion I9 of lhe legol Services Aulhorities Act, 1987 (Centrol A cBVICES S C' !) \\tGl '\ o1." -I ?sls m + o\ c Si?.s Date:14-17-2O24 Present: 1. Hon'ble Mrs.Justice S.Nanda, (Judge, Hoo'ble HiSh Court for the State of Tetangana) Chairman

2. Sri K.Venkatesh Gupta, Advocate, Member

3. Sri Srinivasa Srikanth, Advocate, Member M.A.C.M.A No.554 of 7024 & Cross Obiections No.51 of 2024 (Before the Hon'ble High Court) Asainst O.P.No.821 of 2018 (On the fite of the Motor Accidents Ctaims Tribunat Cum Xl Addrtionat Chief Judge: City Civit Courts: At Hyderabad) BETWEEN: M.A.C.M.A No.554 of 2O24

1. Bajaj Attianz General lnsurance Company Limited, Represented by its Divisional Manager, 4th Ftoor, North East Ptaza, Opposite RTA Office, Beside BMW Showroom, ErramanziI X Roads, Hyderabad. ...Appet[ant/ Respondent No. 2 AND

1. Edugonipatty Nathi Savithri, W/o. Late Edugonipatty Nathi Anjaneyulu, Age about 25 years, Househotd

2. Edugonipatly Nathi Anusha, D/o. Edugonipalty Nathi Anjaneyutu, Aged about 6 years, Student,

3. Edugonipatty Nathi Atekya, D/o. Edugonipatty Nathi Anjaneyutu, Aged about 3 years, Occ: Nit,

4. Edugonipatty Nathi Sravani, D/o. Edugonipatty Nathi Anjaneyutu, Aged about 1 year, Occ: Nit,

5. Edugonipatty Nathi Govindamma, W/o. Edugonipatty Nathi Savaranna, Aged about 50 years, Occ: Househotd,

6. Edugonipatty Nathi Savaranna, S/o. Edugonipatty Nathi Savararanna, Aged about 55 years, Occ: Ni(,

7. Edugonipatty Nathi Sriram, 5/o. Edugonipatty Nathi Anjaneyulu, Aged about 2 years, Occ: Nit, (Respondents No.2 to 4 & 7 are minors represented by their mother, guardian i.e-, Respondent No.1) At[ are R/o.Moota Matta Viltage, Athmakur Mandat, Wanaparthy District, presently resident of H.No.3-4-8'l/11, Kachiguda, Hyderabad. ...Respondent Nos.1 to 7/Petitioners lqto9z------

8. A. Ravi Kumar, S/o. A. Masanna, Major, Business, R/o.H.No.3-4-98l3/A, New Narsimha Nagar Cotony, Maltapur, Ranga Reddy District SE wner of Mahindra & Mahindra Car bearing No.TS 08 UA 3tic l) $i; o C) T t- * HIGFi COURT LOT1 ADAI.AT o, S.tr9ct I * EE N: AND Cross Objections No.51 of 2O2.+

1. Edugonipatty Nathi Savithri, W/o. Late Edugonipatty Nathj .\r laneyutu, Age about 25 years, Househotd

2. Edugonipatty Nathi Anusha, D/o. Edugonipatty Nathi Anjanr,y rtu, Aged about 6 years, Student,

3. Edugonipatty Nathi Atekya, D/o. Edugonipatly Nathi Anjaneyr tu, Aged about 3 years, Occ: Nit,

4. Edugonipatty Nathi Sravani, D/o. Edugonipa[ly Nathi Anjanoy rtu, Aged about'l year, Occ: Nit,

5. Edugonipat[y Nathi Govindamma, W/o. Edugonipatty Nathi S, \,aranna; Aged about 50 years, Occ: Household,

6. Edugonipatty Nathi Savaranna, S/o. Edugonipatty Nathi Savrr rranna, Aged about 55 years, Occ: Nit,

7. Edugonipatty Nathi Sriram, S/o. EdugonipatLy Nathi Anjanelu u, Aged about 2 years, Occ: Nit, (Petitioners Nos.2 to 4 & 7 are minors represented by their mother, gLrar,li 'r i.e., petitioner No.'l ) ...cRoss oBJEcToRS

1. A. Ravi Kumar. S/o. A.Masanna, Major, Business, R/o.H.No.l 4-98/3/A, AND New Narsimha Naqar Colony, Mattapur, Ranga Reddy Distric_. (Owner of Mahindra & Mahindra Car bearing No.TS 08 UA jt0l). (R1 Batta Not necessary party Proposat party)

2. Bajaj Attianz General lnsurance Company Limited, Represer t :d by its Divisional Manager, Nortlr East Ptaza, 4th Ftoor, Beside BMW Showroonr, Opposite RTA Office, Erramanzi[ "X" Roads, Hyderabad - 500 052. CounseI for Appet[ants /Ctaimants : Sri P.Ramakris rr a Reddy, Advocate CounseI for lnsurance Company/Respondent No.2 Representative of lnsurance Company : A.Ramakrishna F.ddy, Advocate : sri B.V.Pavan K nar. [:xecutive Trainee- Apoeat & Spt. Ctaims Nr* il^A( r'^n S(h lu\ The present I/TACMA has been preferred by the Insurance Company & the lvlAClvlA Cross Objection has been preferred by the Respondents/ Petitioners against the order dated 73-12-2027 passed in MVOP No.821 of 2018 by the Motor Accident Ctaims Tribunat-Cum-Xl Additionat Chief Judge, City Civit Courts at Hyderabad. This Appeat and Cross Objections having been referred for setttement before this Lok Adatat and after hearing the Learned Counsel for the parties and atso the parties, the fotlowing award is passed: AWARD Compensation Awarded The petition is a[[owed. Petitioners are entitted for a sum of by the Tribunal Rs.29,03,400/- (Rupees Twenty Nine Lakhs Three thousand four hundred onty) with interest at the rate of 6% per annum from the date of fiting of the petition tit[ reatization with proportionate costs. Compensation Awarded M.A.C.M.A.554 of 2024 has been preferred by the lnsurance (Setttement Reached) Company and Cross Objections No.51 of 2024 has been preferred in the Lok Ada[at. by the Ctaimants. Sri B.V.Pavan Kumar, Executive Trainee for the Constitution Appettant/ Respondent No.2-lnsurance Company and the SER o C) tflH,s H * 4s SFte ot1 Respondents/ Cross Objectors atong with their counset have appeared before the Lok Adatat. During the pendency of this Appeat & Cross Objections, the Ctaimants/ Respondents/ Cross Objectors as we[[ as Respondent No.2- lnsurance Company have entered into compromise for settlement. ln view of the setttement, the lnsurance Company has agreed to pay an amount of Rs.26,50,000/- (Rupees Twenty six takhs fifty thousand onty) atong with interest @ 5 % per annum from the date of filing of the petition tilt the date of payment with costs and the Claimants/ Respondents/ Cross Objectors have agreed to receive the same towards settlement of their ctaim. Accordingty, the matter is settled before the Lok Adatat. \ ln view of the above setttement, :ie Respondent No.2-lnsur (FRY Company sha[[ deposit the above s(,ttled amount within one (1) o m * '#rsls t.the Slate t month from the date of receipt rf copy of the award after deducting the amount that was detr,sited if any. ln the event of defautt or delay in making such depr sit, the amount payabte shatt carry interest at 7.5% per annum fr;r I the date of defautt. Apportionment of The apportionment among thr: Ctai nrant/ Respondent/Cross Compensation, if any Objector Nos.1 to 7 shatt be made a; per the terms of the award passed in M.V.O.P.No.821 of 2018. AdditionaI Direction(s):

1. The Appettant is entitled to the refund of Court Fee paid in thr's arpeat.

2. The amount atready deposited by the lnsurance Company, if an'r, shatl be given credit to.

3. Soon after deposit by the Insurance Company the Major _Laimant/Respondent/Cross Objector Nos.1, 5 & 6 are permitted to withdraw their entire:hrre amounts and the shares of minor Ctaimant/ Respondent/Cross Objector Nos.2 to 4 & 7:;l-at[ be kept in fixed deposit in any Nationatized Bank tit[ they attain majority. ln token of consent for the above setttement and award, the pa ties and their counse[ have signed this award rn our presence. ln terms of the compromise arrived at between the parties, the MACMA No.554 of 2024 & Cross Objection No.51 of 2024 stands disposed of. BA \w ..tx 9*cvt A oP.rro, 58 Ult.rq e z-t lt*- . { $-)rr Appellant (s) Respondent (s) Fo' B'VW:"T a[ lnsurance co I td Authorised Signatory Pd( I e,'u, An., rl"a 3 E,N,+l"k1r q 6,N,Jh'vav,,,. 5 6 + t-^* Lta "*P,<^ D, S#.,".^^^ ,\on/&*a T io "0-r''" ' 6 5 arv-a'htwut Counsel for the Appe Itant (s) P. Counsel for the Respondent (s) t,J..i-{t CHAIRMAN \,u-/ MEMBER MEMB R EBc !c O:_ j C)(i kriGli Lc'6 of the C the State + ee)

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