The High Court · 2025

Smt. Mamidi Nagamani, Wo. Sri Yadireddy, Age 30 years, Ocr: Coolie, R/o. Reddygudem. (Prabhat Nagar), (V), Palvoncha (It/), Khammarr District 2 Sri P Srinivas Rao, S/o. Sri Venkati, Age tMajor, Occ Owner of Jeep No_ AP 20 V3706, C/o All lndia NTR Motor Transport Taxr Drivers Co-r.)p Society ltd , Q.No 1-58814, Erragadda Area, Eudrampur, Kothagudem Khamma'm District ...Respondent / Claim Petitioner ..Respondent / Respondent No 1 l.A. NO: 3 OF 2012(MACMAMP. NO: 8 404 0F 20121 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suoport of the petition, the High Court may be pleilsed to stay of all further proceedings Ct.22lO3l2O12 in MATOP.No. 1216 of 2008 on the file of the Chairman, MACT-cur-n-V Additional District Judge (FTC) Kothagurlem including execution proceedings;. Counsel for the Appellant in Both the Appeals Sri A Jayanthi Counsel for the Respondent No 2 in Both the Appeals Sri S Madan Mohan Rao The Court delivered the following Common Judgment : THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.Nos.844 and 847 of 2014 COMMON JUDGMENT: M.A.C.M.A.No.B44 of 2014 is Frled against the order and decree da[ed 22.O3.2012 in M.A.T.O.P.No.1217 of 2008 on the file of the learned Charrman. Motor Accidents Claims Tribunal cum-V Additional District Judge (FTC), Kothagudem and M.A.C.M.A.No.847 of 2Ol4 rs filed against the order and decree dated 22.O3.2O12 in M.A.T.O. P.No.1216 ot 2008 on the file o[ the learned Chairman, Motor Accidents Claims Tribunal-cum-V Additional District Judge (FTC), Kothagudem.

2. Claim petitioners/ Respondent No.1 in both the appeals are injured persons, as such an amount ol Rs.78,00O/- and Rs.53,00O/- with interest was granted respectively by the tnal Court in both the ma I ters, against which appellanL/insurance company prelerred the present appeals and mainly contended that as per the ratio laid down by the Hon'ble Apex Court in Annappa Errappa Nesaria Case, rvith effect from 28.03.2001, an endorsement (either transport or non transport) to drive the vchicle is necessary, bu[ endorsemenl was not therc on the , I driving license of the driver, as such the driver has no valid ;l t driving license to drive the crime vehicle, which is a transport vehicle and hence the insurance company has no legal "\ obligation to pra1. the amount. Therefore, the direction of the trial Court dir,:r:ting the appellant/ insurance companl, o pay and recover th,r amount from lhe owner of the vehicle is to be modified.

3. The tria. Court after considering the argument:i and citations ol b,r'-h sides and rightly directed the insr rrance companJr to p:q, the amount and recover the same fro rL the owner of the vr:'tricle, as there was no endorsement. This Court finds no merits. in both the appeals.

4. Accorclinl3Jy, both the appeals are dismissed conf rm,ing the orcler c,: the trial Court dated 22.O3.2O12 in M.A.T.O.P.Nos. 1216 and 1277 of 2008. Insurance comprnl,' is directed to pav the compensation amount as granted by tL e Lrial Court within c,1e month from the date of this order. on such deposit, respc,ndent No. 1/claim petitioners are permitted to u,ithclrarv t he said arnor.lnt along with intercsl aclnled on it. There slLzrll be no order as to costs. Miscellan eous petitions pending, if any, shall stand closed To, Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1- The Chairman, Motor Accidents Claims Tribunal-cum-V Addrtronal District Judge (FTC1, F,cthagudem (with records, if any)

2. One CC to Sri ,( Jayanthi, Advocate [OPUC] 3. One CC to Sri :S l\/adan Mohan Rao, Advocate [OPUC] 4. Two CD Copies .,.-,:.-- ''r'&&''r$i ;!- . - .€'-,:1',-rlr, :ex,=!!r{ w F r:I HIGH COURT DATED:2410112025 i,. J: -; lAf6 .1 ' )' x Cf J C t) \.. $g API u6 c -:-:12

3. )( r? a .i-!4 GOMMON JUDGMENT + DECREE ( 3 DRAFTS ) MACMA.Nos.844 & 847 of 2014 DISMISSING BOTH THE APPEALS IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENry FOURTH DAY OF JANUARY TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA M.A.C.M.A. NO: 844 OF 2014 Between: United lndia Insurance Co, Ltd., Rep. by its Manager, 9-1-1, 1.t Floor, Opp R.TC Bus Station, Kothagudem, Khamina District, through Local Braniti, Khammam (Policy No 051700131107101/00008634 vatid from 18.03.2008 to 17 03 2009) ...Appellant / Respondent No 2 AND 1 2 Smt. Yanala Narsamma, Wo. Sri Sathireddy, Age 45 years, Occ_ Coolie, R/o. Reddygudem (Prabuhat Nagar) (V), Patvonchal"M;, Ktiammam Diskict ...Respondent / Claim Petitioner Sri P. Srinivas Rao, S/o. Sri Venkati, Age [\Iajor, Occ Owner of Jeep No. Ap 20 V 3706, C/o. All lndia NTR Motor Transport Taxi Drivers Co-Op Society ltd,,.A.No 1 -58814, Erragadda Area, Rudrampur, Kothagudem, Khamma-m District ...Respondent / Respondent No 1 Appeal under Section 173 of Motor Vehicles Act, 19BB against the Award and Decree dated 22-03-2012 made in M.A.T.O.P.No.1217 of 2O08 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal-cum-V Additional Diskict Judge (FTC), Kothagudem. This appeal coming on for hearing and upon perusing the grounds of appeal, the Award and Decree of the Lower Court and the material papers in the case and upon hearing the arguments of Sri A Jayanthi, Advocate for the Appellant and of Sri S Madan Mohan Rao, Advocate forthe Respondent No. 2. This Court doth Order and decree as follows.- I 1 2 3 4 To, That the IvrAClrA be and hereby is dismissed confirming the o.der of the triar Court dated 22.03-2012 in M.A.T.O.p.N o.1217 of 2OOB; That the lnsurance Company be and hereby is directed to pay the as granted by the triar court within one rrronth from the compensation date of this orde r. That on such deposit, respondent No_1/claim petitioners be and hereby are permitted to withdraw the said amount along with interest accrued on it; That there shall br: no order as to costs in this appeal; 'rnlount IITRUE COPYII Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR i',i i$eI TICIN OFFICER 1 z The Chairman, IVotor Accictents Claims Tribunal_cum_V Additiona District Judge (FTC), Kothagudem Two CD Copies t 1-1tc:iri .'4. I \ t Nitf 8,. ,]; .,,1 :'i*1 HIGH COURT DATED:2410112025 DECREE MACMA.N o.844 of 2014 DISMISSING THE APPEAL ,) L -r}r-:& IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA M.A.C,M.A. NO: 847 OF 2014 Between: United lnda lnsurance Co. Ltd., Rep. by its Manager, 9-1-1, 1't Floor, Opp RTC Bus Station, Kothagudem, Khammam District, through Local Branch, Khammam (Policy No. 051700/31107101/00008634 valid from 18 03.2008 to 17.03.2009) AND '1. Smt. Mamidi Nagamani, W/o. Sri Yadireddy, Age 30 years, Occ Coolie, R/o. Reddygudem, (Prabhat Nagar), (V), Palvoncha (M), Khammam District ...Appellant / Respondent No 2

2. Sri P. Srinivas Rao, S/o. Sri Venkati, Age Major, Occ Owner of Jeep No. AP 20 V3706, C/o. All lndia NTR Motor Transport Taxi Drivers Co-Op Society Ltd., Q.No. 1-58814, Erragadda Area, Eudrampur, Kothagudem, Khammam District ...Respondent / Claim Petitioner ...Respondent / Respondent No 1 Appeal under Section '173 of Motor Vehicles Act, ',l988 against the Award and Decree dated 22-03-2012 made in M.A.T.O.P.No.1216 of 2008 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal-cum-V Additional District Judge (FTC), Kothagudem. This appeal coming on for hearing and upon perusing the grounds of appeal, the Award and Decree of the Lower Court and the material papers in the case and upon hearing the arguments of Sri A Jayanthi, Advocate for the Appellant and of Sri S Madan Mohan Rao, Advocate for the Respondent No. 2. This Court doth Order and decree as follows:-

1. That the MACMA be and hereby is dismissed confirming the order of the trial Court dated 22-03-2012 in M.A.T.O.P.No.1216 of 2008, I

2. That the lnstirance Company be and hereby is directerl to pay the compensation amount as granted by the trial Court within one .nonth from the date of this ord*-r;

3. That on such deposit, respondent No.1/claim petitioners be and hereby are permitted to withdraw the said amount along with interest accruod on it;

4. That there shall be no order as to costs in this appeal; //TRUE COPY// Sd/. MOHD. ISMAIL ASSISTANT REGISTRAR jr' SECTION OFFICER '1. The charrman, Motor Accidents claims Tribunal-cum-V Additional District Judge (FTC), Kothagudem

2. Two CD Copies To, VA l HIGH COURT DATED:2410112025 DECREE MACMA.No.847 of 2014 llE s rr 1

4.... { ,_( i .) ) O9 APN 20:I z C) -f_ \'/t'i.* \ l'=: , ,' ".1.._t-.-_ * ?5. ,, DISMISSING THE APPEAL n )