The High Court · 2025

Counsel for the Appellant : Sri K. Prabhakar Rao Counsel for the Respondent No. 2 : Sri G.V.S. Ganesh Counsel for the Respondent No. 3 : Sri Kota Subba Rao The Court delivered the following: ..-.--.: THE HONOURABLE SMT. JUSTICE TIRUMALA T'EVI EADA M.A.C.M.A No.277 of 2O2L JUDGMENT: This app:al rs filecl by the appellant, aggrie c d by the Order and l)ecree dated 17.O4.2018 in O.P.No.276 of 20 ll passed by the Motor Accident Claims Tribunal-cum-ll Additiona District Judge, Nalgonda, Suryapct ([or short "the Tribunal").

2. For convcnicncc and clarity, the parties herc r- are referred to as thcy n ere eLrral'ed before the Tribunal

3. Heard lcarned counsel for the appellant rnd learned counsel for respondent Nos.2 and 3

4. The grievzrnce of the appellant is that h; ; petition for restoration of the O.P before the trial Court was r rs missed after which he has l'iled another petition, setting asidc t he dismissal Order under C)rder-lX, Rule 9 which was also dis r issed by the trial Court on 14.O6.2019 observing that there wer, ro justihable grounds. Learned counsel for the appellant has s a te d that the petitioner sufle red gricvous injury and that he wr s hospitalized an<l was undcrgoing treatment which prevented hi r to meet his counsel to adrlucc Lhc evidence due to contin r rus medical treatment. Henr:r:, praycd for setting aside the dism ssal order. So far they cannot adduce evidence before the trial Cor r.. 2 \

5. Learned counsel appearing for respondent No.2 expressed No Objection for setting aside the dismissal order.

6. Learned counsel for respondent No.2 has represented that in case if any Award is passed by the trial Court, the inLer.est for the default period may be forfeited. The trial Court has observed that the case has been adjourned from tirne to time lor the petitioner evidence and that on the ground of illness, the petitioner was not prescnt and since there was no representation after several adjournments, the O.p.No.276 of 2013 was dismissed on 17.O4.2018 after which I.A.No.444 of 2018 was hled by the claimant.

7. The contesting respondents have filed their counters in the Interlocutory Application and having heard both the parties, the trial Court has dismissed the petition holding that there are no bonafide grounds. Aggrieved by the said dismissal order, the present appeal is filed. A perusal of the record reveals that the appellant herein was the injured petitioner stated to have sustained fractures in leg and that he developed infections after which he got hospitalized.

8. The claim petition further discloses that the petitioner sustained injuries in both lower limbs and his right lower limb \ 3 was amputated. Since the petitioner suffered am I rtation in the right lower limb, the reason for not appearing rr:fore the trial Court on the stipulated date is understandal [t: as he was undcrgoing treatment in hospital. Thus, the reasot s stated by the appellant is opined to be good cause. Therefore the appeal is allowed setting aside the dismissal order in I.A.No 444 of 2018 in O.P.No.276 of 2013 dated 04.06.2019. The Ar t is benehcial Iegislation and stopping the claimant at the thres rold rs not just and proper. In the facts and circumstances, the a1 peal is allowed setting aside the dismissal order dated 1i.O4.2O|B and O.P.No.276 of 2013 is restored to its file and furt: Lr r the interest for the default period is forfeited. No costs. As a sequel, miscellaneous petitions pendir g if any, shall stand ciosed. To, SD/- MOHD. ISMAIL T)EPUTY REGISTRAR //TRUE COPY// SECTION OFFICER 1 . The Chairman N,4otor Accident Claims Tribunal-ct r -ll Additional District Judge, Nalgonda at Suryapet. (With records)

2. One CC to Sri K. Prabhakar Rao, Advocate [OPUC] 3. One CC to Sri G.V.S. Ganesh, Advocate [OPUC] 4. One CC to Sri Kota Subba Rao, Advocate [OPUC] 5. Two CD Copies I AS/DL HIGH COURT DATED: 0710212025 JUDGMENT MACMA.No.277 of 2021 ALLOW|NG THE MACMAWITHOUT COSTS uk?t 1?,{ S i/l i-/,(: ) .J ,.) 1 r [t1 1$6 ., :, h ', -'*:1.: ''" IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 277 OF 2021 Between: Kalakonda Gurvaiah, S/o Kashaiah, aged 39 years, Occ. Agriculture, R/o Vaftikhammampahad, Chiwemla Mandal, Suryapet District ...Appellant AND

1. Arukali Suresh, S/o Late Anjaiah, aged 35 years, Occ. Driver of D.C.M.Van, bearing No. AP -24-T 8-2213l,

2. Siga Venkanna, S/o Papaiah, aged 35 years, Occupation. Driver, R/o Chivvernia village and Suryapet District.

3. Universal Sampo General lnsurance Co. Ltd., rep. by its Manager, Door No 39-10-19, Veterinaary Hospital Road, Labbipet, Vijayawada (Policy No. 0001 196901 - valid from 30.05.2012 to midnight of 29.05.2013) R/o Vardhamanukota village of Arvapally Mandal, Suryapet disitrict (Driver of D.C.M.Van, bearing No. AP -24-T8-2213) ...Respondents Appeal filed under Section 173 of Motor Vehicles Act against the Order and Decree passed in M.V.O.P.No. 276 ot 2013 dated 04.06.2019 on the file of Court of the Chairman Motor Accident Claims Tribunal-cum-ll Additional District Judge, Nalgonda at Suryapet. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the case and upon hearing the arguments of Sri K. Prabhakar Rao, Advocate for the Appellant and of Sri G.V.S. Ganesh, Advocate for the Respondent No.2 and of Sri Kota Subba Rao, Advocate for the Respondent No. 3. This Court doth Order and Decree as follows '1 . That the Motor Accident Civil Miscellaneous Appeal be and hereby is allowed setting aside the dismissal order dated 1710412018 and - - . ;f!-"- -' '- 1' &l 3;[iiir:ff."L?13 is restored ro irs rire and rrrr, e r rhe interesr ror the J':i: :i'JffiX;!;T',."il :,r,:$T;l: :lj d ecre e c, r rh e rrib u n a r s h a, r That therr: be no order as to costs in this appeal. 2 3 To, //TRUE COPY// iii#?[B,i.;Hlt I SI: CTION OFFICER ' l,?."r3ln:i:l#"j?!t:;:.r"J t craim s rribu na r-cu m -r r Add r r.na I Districr 2. Two CD Copies ABlVgh HIGH COURT DATED: 0710212025 DECREE MACMA.No.277 of 2021 ALLOWING THE MACMAWITHOUT COSTS ?b\1Itr