The High Court · 2025

Judgment

2. 3

5. K. Sujatha, Wo Late Mallesh, Aged about 25 years, Occ House Hold K. Shiva Kumar, S/o Late Mallesh, Age about 6 years, Student, K. Pavithra, D/o Late Mallesh, Aged about 03 years, Occ Nil K. Lingamma, W/o Baleppa, Aged about 60 years, Household K. Baleppa, S/o Late Bangarappa, Aged about 60 years Occ Nil (Respondent No. 2 and 3 are minors represented By their Mother, guardian i.e, Respondent No.1) All are.. R/o Mastipuram VllqSgr Amarchrntal Manda, Wanaparthy District, presently resident of G. No.-3-4-.,lg.1/.1 .1, Kachiguda, Hyderabad.' 6 ...RESPONDENTS 1 ro 5/pETITIONERS A. Ravi Kumar S/o A. Masa.nna, Major. Busrness, R/o. H. No.3-4_9g/3/A, New Narasimha Nagar Colony. Mallapur. ilanqa ReOdt DLtrrct (Owner of Mahindra & Mahindra Car Beairng tto. iS OA UA 3gOi) ..,RESPONDENT No. 6/RESpONDENT No. I I ------:7 ,/ Cross Obiection No. 34 of 2024 Memorandum of Cross Ob.jections filed under order 41 Rule 22 of CPC against the order and Decree dated 22.12.2022 made in MVOP. No. 739 of 2018 on the file of the Court o{ the Motor Vehicles Accidents Claims Tribunal-Cum-Xl Additional Chief Juder City Civil Courts at Hyderabad. Between: '1. K. Sujatha, Wo t-ate triallesh, Aged about 31 years, Occ House Hotd 2. K. Shiva Kumar, S/o Late Mallesh, Age about 12 years, Student, 3- K. Pavithra, D/o Late Mallesh, Aged about 06 years, Occ Nil 4. K. Lingamma, Wo Baleppa, Aged about 76 years, Household 5. K.. Ba!_eppa, S/o Late Bangarappa, Aged about 76 years Occ Nil (Since Died) (his LR's Appellant No 1 to 4) (Petitioners No. 2 and 3 are minors represented by their Mother, guardian i.e, Petitioner No.1 ) All are R/o Mastipuram Village, Amarchinta Mandal, Wanaparthy District. ...CROSS OBJECTORS AND 1 2 A. Ravi Kumar S/o A. Masanna, Major, Business, R/o. H. No.3-4,98/3/4, New Narasimha Nagar Colony, Mallapur, Ranga Reddy. District. (Owner of Mahincira & Mahindra Car Bearing No. TS 08 UA 3801) ]he Bajaj Al anz General lnsurance C. ompany Limited, Represented by its Divisional lvlanagel North East Plaza, 4"' Floor, beside BMW Showroom, Opp. RTA Office, Erramanzil Colony X Roads, Hyderabad-500082. (Policy No. OC-18-'1834-1803-00000004, valid from 24.04.2017 to23.04.2018) ...RESPONDENTS lA NO: 1 OF 2024

Petition under Order Vl Rule 17 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Petitioners to amend the claim petition in O.P.No. 739 of 2018 on the file of the Chief Judge, City Civil Court, Hyderabad by enhancing the claim from Rs. 30,00,000/- to Rs. 40,00,000/- for which the petitioners shall pay the Court Fee on the enhanced claim in the Lower Court after disposal of the Appeal. Counsel for the Appeltant in MACMA and for the Respondent No. 2 in Cross Objection No. 34 of 2O24 Counsel for the Respondents 1 to S in MACMA and for Cross Objectors in Cross Objection No. 34 oi zOZ+ Counsel for the Respondent No. 6 in MACMA and for the Respondent No. I in Cross Objection No. 34 ot 2b24 The Court delivered the following JUDGMENT: : Sri A. Ramakrishna Reddy : Sri P. Ramakrishna Reddy : None Appeared j I HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY M.A.C.M.A .No.26O of2024 & Cfoss Obiection No .34 of 2O24 COMMON JUDG MENT: It is represented that the matters has been referred to the I-okAdalatandafterduedeliberations,theLokAdalatpassed common arvard in both the matters on 14'12'2024 as per the terms agreed upon by the parties' The original award dated 14.12.2024 is filed before this Court and the same is taken on record 2. Accordingly, M.A.C.M.A and Cross Objections disposed of in terms of the award dated 14 '12 '2024 lty the Lok Adalat Pending miscellaneous applications, if any, shall stand closcd Sd/- P. PADMANABHA REDDY AS IS ATIT REGISTRAR //TRUE COPY// To, \ '1. The Motor Accrdents Claims Tribunal-Cum-Xl Civil Courts, at Hyderabad. (with records, if any) 2. One CC to Sri A. Ramakrishna Reddy, Advocate 3. One CC to Sri P. Ramakrishna Reddy, Advocate 4. Two CD Copies (Along with a copy of Lok Adalat Award) VHigh w ECTION OFFICER Additional Chief Judge, City OPUC] oPUCI \ HIGH COURT DATED: 29101,t2025 COMMON JUDGMENT MACMA.No.260 of 2024 AND CROSS-OBJ No. 34 of 2024 1 $E sTA I€ I ..s ,al q , 27 ilAnM o I * DISPOSING OF MACMA AND CROSS OBJECTIONS !N TERMS OF LOK ADALAT AWARD @ W BEFORE THE LOK ADALAT HIGH COURT LEGAL SERVICES COIAIAITTEE FOR THE STATE OF TELANGANA, HYDERABAD. flJnder Seclion I t of the legql SerYices Aulho]ities Act, 1987 (centtol Act)l ' Date:14-12-2o74 Present:1. Hon'ble Alrs. Justice S.Nanda, / (Judge, Hon'ble High Coutt for the state of Telangana) Chairman

2.Sri K.Venkatesh GuPta, Advocate, Member

3.Sri Srinivasa Srikanth, Advocate, Member M. A-C.M.A. No.260 of 2O24 & Cross Ob'iection No. 34 of 2024 (Bqfore the Hon'ble High Court) . AGAINST MVOP No.739 of 2018 (on the fite of the Motor Accident ctaims Tribunat; ' city Civit Courts at Hyder Cum: Xl Additionat Chief Judge, abad) Vt: |.t. $x^:sls' --1 t. o t /h" ;i:la cl MACMA No. 260 of 2OZ4 Between:- eu;lj Aitiun, C"reral lnsurance Co. Ltd., Represented by its Manager (Legat)' North East Plaza' a#Fiooi, beside BMW Showroom, ErramanziI cotony x Roads, Khairatabad, Hyderabad. ...APPellant/ResPondent No. 2 AND '1. K. Sujatha, W/o. Late Mattesh, Aged about 25 years, Occ: House Ho[d' Z. X. Sfliuu Kumar, S/o. Late Maltesh, Age: about 6 years, Student, :. k. pauitnra, D/o. Late Mattesh, Aged about 03 years, Occ: Nit, +. X. Lingur;u, W/o. Bateppa, Aged about g0 ye1!, Household' S. X. gat"eppa, S/o. Late Bangarappa, Aged about 60.years, Occ: Nil' " (i;;;;;i;;i No.z & 3 are i,tndrl ,"pfut"nt.d by their,1lother, guardian i.e., Respondent.No.l ) 'aftlr" n7o. l,furtipuram Vittage, Amarchintat Mindat, Wanaparthy District, presently resident of G'No' 3-4-181/11' Kachiguda' Hyderabad' ...Respondent Nos'1 to s/Petitioners

6. A.Ravi Kumar, S/o.A.Masanna, Major, Business, R/o H'No'3-4-98/3 /A' New Narsimhi Nagar Cotony, Maltapur, Ranga Red-dy-Djstrict' (Owner of Mahindia & Mahindra Car bearing No'TS 08 UA 3801) Cross Ob ections No.34 of 2024 Between: ffiptnu, w/o. Late Mattesh, Aged about 31 years, House Hotd, Z. f. Sniru Kumar, S/o. Late Mattesh, Aged about'12 years' Student' J. X. pivittrra, D/o. Late Mattesh, Aged about 6 years,-occ:. Nit, a. X. rineurriu, W/o. Bateppa, Aged about 76 yea:, Occ: Nit, i. x. su6ppu, S/o. Late Bangarappa, Aged about 76 years, occ: NiI (Since died his LRs' Appettant No.1 to 4)' ip.lit-i"""i N".i a 3 aie minors represented by their Mother, Guardian i'e' iLiir" nlo. Mastipuram Vittage, Amarchintat Manda[, Wanaparthy District' , AND , Petitioner No.1 ) ...cRoss oBJECTORS z. it "Tui"i l.A.RaviKumarS/o.A.Masanna,Major,Business,R/oH.No.3.4.98/3/A,NewNarsimhaNagarCotony, Mattapur, Ranga Reddy oistriii itfrne', oi maninora &.Mahindra Car bearing No.TS 08 UA 3801) attiinz Genlrat tnsrrince company Limited, Reprpsented bv its Divisionat Manager, North East Ptaza, 4tn rtoor' ierlae S/\aW inowroom, Opp: RTA Office' Lrramanzit X Roads' Hvderabad -500082. i;"ril-FL.oa-i8-1 834-1 803-00000004, Vatid rror, 24'04'2017 to 23'04'2018) Counset for Appettants/Ctaimants : Sri P'Ramakrishna Reddy' Advocate CounseI for lnsurance company/ Respondent No'2: Sri A'Ramakrishna Reddy' Advocate Representativeoflnsurancecompany:SriBv.PavanKumar,ExecutiveTrainee.Appeat&spt.claims ThisappeatandCrossobjectionshavingbeen.referredforsettlementbeforethisLokAdatat iili illiiffa";;"i ro.. *'"., parties and utio"tn"-pu'tr"'' the rortowing "*"'ofur,t ;::,::i::rTi,iil w9)< ompensation Awarded c by the Tribunat Compensation Awarded (Settlement Reached) in the Lok Adatat. yEGAI I t + 'i$rl Apportionment of Compensation, if any \ \ AWARD I I Company - rl Rs za-St hundred onty) with proportionate costs and interest @ 6% per annum from \ date of fiting of the petition titt reatization. M.A.C.M.A.260 of 2024 has been preferred by the I the orders passed in Op.No.739 of 20Ig by the Motor Accidents Ctaims Tribunat-cum-Xl Additionat Chief Judge, City Civit Courts at Hyderabad and the Ctaimants has preferred the Cross Objections No.28 of ZOZ4. Sri BV.pavan Kumar, Executive Trainee for the Appettant/Respondent No.Z_lnsurance company qnd the Respondent/cross objector Nos. i to 4 atong with their counsel have appeared before the Lok Adatat. During the pendency of this Appeat & Cross Objections, the Ctaimants/ Respondents/Cross Objectors as wett as Respondent No.2-lnsurance Company have entered into compromise for setttement. In view of the settlement, the lnsurance Company has agreed to pay an amount of Rs.26,50,000/- (Rupees Twenty-six takhs fifty thousand only) atong with costs and interest @ 6% per annum from the date of petition titl the date of payment and the Ctaimants/ Respondents/Cross Objectors have agreed to receive the same towards setttement of their clalm. Accordingly, the mater is settted before the Lok Adatat. [n view of the above settlement, the Respondent No.Z_lnsurance Company shalt deposit the above said amount within one (lJ month from the date of receipt of copy of this award, after deducting the amount that was deposited, if any. ln the event of default or detay in making such deposit, the amount payabte shat[ carry interest at 7.5% per annum from the date of defautt. The apportionment among the C[aimant/Respondent/C ross Objector Nos. 1 to 4 shatt be made as per the terms of the award passed in M.V.O.p.No.739 of 2018 by the Tribunat. The Ctaimant No.5 i.e., K.Batappa has passed away after disposal of the said case and it was specifica[y mentioned in the Cross Objection No.14 of 2024 to that effect. The Ctaimant Nos.1 to 4 are the tegat heirs of Ctaimant No.5, who have been brought on record. Hence, the share of Claimant No.5 shatt be apportioned to remaining Ctaimants equatty. Additional Direction(s): 1. The Appel.tants are entitted to the refund of Court Fee paid in this appeat. 2' The amount atready deposited by the rnsurance company if any, shati be given credit to. 3' soon after deposit by the lnsurance company,.the ctaimant/Respondent/cross objector Nos.1 & 4 are permitted to withdraw their entiie share amounts and the shares of minor claimant/Respondent/cross objector Nos.z a : rtuii i" t.pt in fixed deposit in any Nationatized Bank titt they attain majority, as per the apportionment to be made by the Tribunat. 'ill"5HT"Jt:;:"t*::: above setttement and award, the parties and their counsel have sisned rn terms of the compromise arrived between the parties, the rvlACr,tA No.260 0f 2024 & cross '.! l"qr Ln Objection No. 34 of 2024 srand disposed of. -- lg-t-99<-- W* iT:^" &ooi>+, 1 I z"t* az ot R espondent (s) Gv55 oLi.-Cqa *r1 I0r Baj ,jlWbyy a rnsurance Co. ltd lr$ P6 2' k.SL,rn^ "wAg 3 Au ihorised Signatory \' 1-'r ? of P. t ,nJ (r..,..,a uhN\ €-^tz, P Counsel for the Appel t (s) c ounsel for the Respon nt (s) rr.^-lr^i^ CHAIRMAN VSI-Y'--'-- mEmdrn \,t*- MEA,IBER yEGAL + C) &