The High Court · 2025

Bhuvaneshwari, Wo Srinivas Rao Aged Malor O^cc- Teacher R/o H'No 7-1- 300 Flat No 407 cr""n plir'iGiaEn-v rut" BK Guda Park SR Nagar Hyderabad The lClCl Lombard General lnsurance qqqP.aly Limited' represented by its oifitil].i'r,iJ."sEiom"" .iil"t"J ri 5-o sos/Ale-Ground Floor sama Towers il;'S.tJni;libEttv cir"ie HimavathNasar Hvderabad -. ResPondents/ResPondents Counsel for the Appellant(s):SRl Jagathpal Reddy Kasi Reddy Counsel for the Respondents:SRl K'Ajay Kumar The Court made the following: JUDGMENT THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA M.A.C.M.A.No.lL47 AF 2018 JUDGMENT: The appeal is filed against the award and decree passed in M.V.O.P.No.8OB of 2011 dated 07.|2.2OLT on the hle of the Chairman, Motor Accident Claims Tribunai-cum_ XIV Additional Chief Judge, City Civil Courts, Hyderabad

2. For the sake of convenience, the parties hereinafter be relerred as they were arrayed before the learned Tribuna,l.

3. Appellant herein is an injured, she hled a claim- petition ciaiming compensation of Rs. 1,2S,OOO/- for thc injuries sustained by her in the accident. The learned Tribuna,l considering the oral and documentar5z evidence dismissed the M.V.O.P on the ground that there is no material on record to show that the injured either sustained injuries in motor vehicle accident or that the alleged injuries were caused due to rash and negligent driving of the driver of the offending vehicle and the factum to register the crime and factum to receiving any injuries 2 NBK,) MACMA-No-1147 oJ 2018 etc., aggrieved by the order ald decree of the learned Tribunal, this appeal is fi1ed.

4. Heard Sri Jagathpalreddy Kasireddy, Iearned counsel for the appellarrt ald Sri Kondadi Aj ay Kumar, learned coun sel for responden t No.2.

5. Learned counsel for rhe appellant contended that the Tribunal lailed to considcr the documenLs i.e., Exs.A.2 to A.9 statine that the Commissioner has no right to mark such a documents, as such the Tribunal below not taken into considcration Exs.A.2 to A.9. That the Tribunal also failed to see the inj utries and fractr.rres which were sustairred bv tire appeLlant hcrein caused on 14.L2.2008, as matter of fact the daughter of the appellant also sustained fractures. It is further stated that the Tribunal faiied to see that thc Act is a beneficial legislation, due to the some other fault the victim should not be suffered and further averred that the Tribunal ought to have considered the documents filcd by the appellant herein and thus prayed to allorv the appeal

6. A perusal of the record would disclose that the appellant has not placed on record any proof to show the 3 MACinA.No.ll47 of 2018 injuries caused to her due to rash and negligent driving of the driver of the offending vehicle' Further' a perusal of the impugned order would show that while dismissing the claim-petition, the learned Tribunal gave cogent reasons' based on evaluation of oral and documentar5r evidence brought on record' Absoluteiy' no ground is made out bv the learned counsel for the appellant to interfere with the well reasoned judgment passed by the iearned Tribunal- is devoid of merits and the sarne IS Hence, the M.A.C'M'A liable to be dismissed' In the result, the M'A'C'M'A' is dismissed by 7. confirming the arvard and decree passed in M'V O P'No'BOB of 2Ol1 dated 07 'L2'2OL7 on the hle of the Chairman' Motor Accident Claims Tribunal-cum-XlV Additional Chief Judge, City Civil Courts, Hyderabad' There shall be no oi:der as to costs Miscelianeouspetitionspending'ifany'shallstand SD/. T. SRIN VASA REDDY A SISTAN T REGISTRAR clo sed. //TRUE COPY// ECTION OFFICER To,

1. The C hairman the Motor Accident C laims Tribunal Judge CitY Civil CourtSHYderabad.(with records if any) One CC to SRI Jagathpal ReddY Kasi ReddY Advocate One CC to SRl.K Aia y Kumar, Advocate [oPUCl 2 J loPUCl um XIV Addl. Chief 4W Two CD CoPies ATE 6F 4 3 C \q \\q rs 6) l>;I .r., , * , * ols.+i '-'-::;-' l HIGH COURT DATED'.09t07 t202s JUDGMENT MACMA.No 'l 147 of 2018 M.A,C.M.A. IS DISMISSEI) 1- \(-- IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA MOTOR ACCIDENT CIVIL MISCELLAN EOUS APPEAL No 1147 0F 2018 Between Waheeda Begum, Wo Mohd Anwar Aged 46 years Occ Tailoring Businesss R/o H.No 16-1-228t1 Malakpet Hyderabad . -.APPellanVPetitioner AND ,l.Bhuvaneshwari'WoSrinivasRaoAgedMajoroccTeacherR/oH'No7.1- 5oo rtat No 407 6ieen part< Residdncy N6ar B.K Guda Park s.R Nagar Hyderabad

2. The lClCl Lombard General lnsurance Coqpqly-!1nt!ed' represented-by itsDivitionalManaqerofficesituatedat3-6-365/4/8GroundFloorsama iil;;; opt St"nzi Llb.rty circle HimayathNagar Hyderabad -.. Respondents/ResPondents Appeal filed under section 173 of MotorVehicles Act' pleased t9 s9!1s]de thejudgmentandDecreepassedinM.V.o.P.NoS0Sot20lldated.oT'12.2017 on the'file before the chairman the Motor Accident claims Tribunal cum xlv Addl. Chief Judge City Cavil Courts Hyderabad' ORDER:This appeal coming on for hearing and upon.perusing the qrounds ot appeat,'tne .luoq;Sniand oedree of the cou-rt below and the material raslreooy-Jagathp^al Reddv'-Advocate for X;;;i" i,;:ih" Applrrrni'rno ini App"rfant and of K Aiay Kumar' Advocate for the Respondent -oisii 'Sri This Court doth Order and Decree as follows: 1. That the MACMA be and hereby is dismissed by confirming-the order and decree p".."d-in lrt.v.-o.plNo.eoe ot 2011- dated 0711212017.on the file ot tne b-nliim"n, rr,roto, Accident claims Tribunal-cum-XlV AOoitlonat Chief Judge, City Civil Courts' Hyderabad; 2. That there shall be no order as to costs in this appeal' Counsel for the Appellant(s). SRI Jagathpal Reddy Kasi Reddy Counsel for the Respondents:SRl K Ajay Kumar The Court made the following: JUDGMENT SD/- AS T. SRINIVASA REDDY ISTAN T REGISTRAR //TRUE COPY// CTION OFFICER To,

1. The Chairman the Motor Accident Claims Tribu ' i;;s; C,ty Civii Courts Hvderabad (with record 2. Two CD CoPies W n Cum XIV Addl. Chief s if anY) o3 T di siia rO o O ) i 1 I li1l\B l'll\ t HIGH COURT DATED.0910712025 DECREE MACMA.No '1 147 of 2018 N4.A.C'.M A. IS DISMISStII) .t 1