✦ High Court of India · 31 Jan 2025

The High Court · 2025

Case Details High Court of India · 31 Jan 2025
Court
High Court of India
Decided
31 Jan 2025
Length
1,365 words

HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA M.A.C.M.A. No.210 of 2020 IUDGEMENT: Heard. Perused the record.

2. The present appeat was referred to Lok Adatat. On 14.12.7024, the matter was settted before the Lok Adatat and an Award was passed by the Lok Adatat.

3. ln view of the same, the appeat is disposed of, in terms of the Award, dated 14.12.2024, passed by the Lok Adatat. There shatl be no order as to costs.

4. Misce[laneous petitions, if any, pending in this appeat sha[[ stand closed. //TRUE COPYII ASSIS Sd/- N. SRIHARI TANT REGISTRAR To SECTION OFFICER 1 z J E Ilgjhllir*1,.M-otor Accidents ctaims Trib i}*s s";*,.RXT,X,lH[Ti,'f t aB$i, nclosing along with a copy of Lok Adalat Award PR *r.t, :J--.--.- unal-cum-XXV Additional Chief xecords) Advocate tOpUCl HIGH COURT DATED:31 10112025 t I7l JUDGMENT ii :. MACMA.No.210 of 2024'' \.' .., 'i..' , ..( ..i,,)i. '!,' " 1"\ .9 ,.' i ,]J '1 a, Lt i () // . ()\ ,z/ ^'c .,, rr .\ \rss l'r-rrti rl: DISPOSING OF THE APPEAL IN TERMS OF LOK ADALAT AWARD WITHOUT COSTS 's Gtw-?). .,/ BEFORE THE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE (H!GH COURT FOR THE STATE OF TELANGANA, HYDERABAD) [Under Section 1 9 of the Legal Services Authorities Act, I 987 (Centrat Act) I l Date:14-12-2024 Present: 1 . Hon'ble Mrs. Justice S. Nanda (Judge, Hon'bte High Court for the State ol Tetangana) Chairman

2. Sri K.Venkatesh Gupta, Advocate, Member

3. Sri Srinivasa Srikanth, Advocate, Member l'1AClAA.No.21 0 of 2O2O (Before the Hon'ble High Court) AGAINST M.V.O.P.NO.799 of 2015 (On the fite of the Motor Accident Claims Tribuna[ Cum - XXV Additionat Chief Judge, City Civit Court at Hyderabad) SEH o O il!,rr i COUKT LOK ,OA'L'\-i --1 * ii" s'iere ot1 Between:

1. B.Jyothi, Wlo. Late B.Lingaiah, Aged: 40 years, Occ: Household.

2. B. Madhusudhan, S/o.Late Lingiah, Aged: 21 years, Occ: Ni[.

3. B. Soujanya, D/o. Late Lingaiah, Aged: 20 years, Occ: Househotd.

4. B. Venugopat, S/o. Late Lingaiah, Aged: 19 years, Occ Nit. (Since Died, Petitioners No. 1 to 3i5-e 6 are brought on record on '10.03.2017)

5. B. Mahender, S/o. Late Lingiah, Aged: 17 years, Occ: Student.

6. B. Suramma, W/o. Lachaiah, Aged: 70 years, Occ: Household. (Petitioner No.4 is physicatty handicapped and deaf and dumb) (Petitioner No.5 is minor reptd. by his natural mother and guardian the petitioner No.1 herein) At[ are Residents of Chertapatty Viltage, Natgonda Mandal and District, presentty Resident of H.No.3-4-61lF /4, Surya Nagar, Hyderabad. ..'APPettant/ AND

1. Adta Nagaraju, S/o. Krishnaiah, Aged: Major, Occ: Business, R/o. 1-70, Narsingbatta, Natgonda Manda[ and District. (Owner of the Hero Glamour Motor Cycle bearing No. TS-05EA-3974)

2. The lClCl Lombard General Insurance Company Limited' Reptd. by its Divisiona[ Manager, D.No'6-3-352/1, osman Ptaza 3'd and 4'h ftoor, Road No. l, Banjara Hilts, Panjagutta, Hyderabad 500034. (Policy No 3005|23397981t1O887(OOO Valid from 23.06.2014 to 22.06'2015) ...Respondents Counsel For Appettant/Claimant : Sri P.Ramakrishna Reddy, Advocate' Representative of lnsurance Company : Sri r{ohammed Abdut Shabbeer, Senior Manager - Legat Ctaims. -. This appeat having been referred for settlement before this Lok Adatat and after hearing iire Learned Counse[ for the parties and also the parties, the fotlowing award is passed: h<*-- \ \ Compensation Awarded by the TribunaI Compensation Awarded (Setttement Reached) in the Lok Adatat. icRsE €.9 q .>o C,\ rEl ^nrj(! ;t;$tA' .-.i.iti-' .. 1 J m u c. : AWARD The ctaim is partty altowed against Respondent t{ol Rs.9,97,500/- (Rupees Nine Lakhs ninety seven thousand and five hundred onty) with proportionate costs and interest @ 7.5% per annum from the date of petition titt the date of deposit. This is an appeal fited by t e Appellants / Petit ioners aggrieved by the Award passed by the. Motor Accident Ctaims Tribunal _ Cum _ XXV Additionat Chief Judge, City Civit Court at Hyderabad in M.V.O.P. No.799 of 2015. The Appettants/Petitioners atong with their counse[ and Sri Mohammed Abdut Shabbeer, Senior Manager - Legat Ctaims for the Respondent No.z-lnsurance Company has appeared before the Lok Adalat. During the pendency of this Appeat, the Appeltants/Petitioners as wett as Respondent,/ lnsurance Company have entered into a settlement and in pursuance of the same, the Appettants/ Petitioners has agreed to receive an amount of Rs.5,20,9941- (Rupees Five lakhs twenty thousand nine hundred and ninety four onty) towards futt and finat setttement in addition to the amount atready deposited and the lnsurance Company has agreed to pay the same. Accordingty, compromise is recorded and the case is settted before the Lok Adatat. ln view of the above said setttement, this tvlAClvlA No.Z1O of 20ZO is disposed of directing the lnsurance Company to pay the above said amount within a period of one (1) month from the date of receipt of copy of this award. In the event of defautt or detay in making such deposit, the amount payabte shatt carry interest awarded by the Tribunal from the date of defautt. Apportionment of Compensation, if any The apportion ment among the Appettant/p etitioner Nos.1 to 3, 5 & 6 shatt be made as per the terms of the award passed in M.V.O.P.No.799 of 2015 by the Tribunat. AdditionaI Direction (s):

1. The Appetlant is entitted to the refund of Court Fee paid in this appeat. 2. The am-ount atready deposited by the rnsurance com'pinv rr uny, ihutt be given credit to. 3. soon afte-r deposit by the rnsurance company, thl major Appettant/pietitionJitrir.nt Nos'1 to 3 & 6 are permitted to_withdraw iheii-respective share amount and the shares of minor Appellant/ Petitioner. No. 5. shatt be kept in fixeJ deposit in any NationiSze-'a i'anr< titt he attain majority, as per the orders and apportionm€nt made by the Tribunat. counsel have signed this award in our presence. rn token of consent for the above settlement and award, the parties and their ln terms of the compromise arrived at between the parties, this case stands disposed of. B \"d- I I l qq lZcq 6( ,-tAcc{A 62(s t-oto 11 ,'to "- " Appe ltant (s) Respcndent (s) \1 ;'rg oPBfd'lt" 2 e - |+dlta^7\]4A^4 B.S" i"/U", . V<->^^-q*t>l U ' &^-.,I,nlT^,;-tS ^.vrl,.u-&rf fa o{ *1 v g, '/ b F Counsel for the Appeltant (s) El.p. q>1G 4at7 z-z\7 e r-r.rERli IttsueeucE 1 1 ( !: I Counsel for the Respondent (s) .r. /3 6 CHAIRMAN ME ER SER L) HIGH a LOK k (s i mittee) )p,*a--- MEMBER

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