The High Court · 2025

THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA MOTOR ACCIDENT CIV Appeal under Section 173 ol Motor Vehicles Act against the order and decree in M.V.o.P.No.1073 of 2015 dated 06.03.2015 on th6 rite ot ilre Court of the chair:man Motor Accident claims Tribunal Family court Judge-cum-Vill Additional District Judge, Mahabubnagar. Between: 1 2 3 4 AND 1 2 !-( lgrtrt"tnryla, wo. Late K.Thirupathaiah, Agq 30 years, occ Household, R/o H.No.454, Khila Ghanpur viilag9,-3t. pres'enineiiriing dt H.No.i-J_isC, ruu* Town, Mahabubnagar Town ant District. f-K.tadgryma, Dlo Late K.Thir.upathaiah, Age 1g yegars, occ Household, R/o. H.No.a-s4, Khila Ghanpur viilige,.ar fresint reiioing it n.ruo.rci'ib,'m"* Town, Mahabubnagar Town and Distribt. !!.Raju, s./o. lqte K.Thirupath.aiah., Agg 1g years, occ student, Minor, under the guardianship of his naiurar mother-i.e., Ailpelldnt No.r. herein. K.channakeshavulu, s/o .K.Thirupathaiah, Age 14 years, student under the guardianship of his natural mothei i.e., Ap[ellSnt No.i. heiein. v o Appellants/Claimants f rt3lffi 3:Bi:"=r:',ttifi ,ii,tli"T8i,"J;,"o[,?PJll,"il,l'n*'o".f xl?],"rt'*,3.r" BharathiAXA General lnusrance co.Ltd.,, Ie_presented by its lManager, Gokul Jgy.".Ir_,_l!_flo-9r, opp_Nizam Hospitar Roao ianiagutii, HvoLiauio]Fori.v No FCV/s0252 0B6t si t06t c11 s 1 1 R vatid from 2so-ioi i io ii:6-2ii.' -""J a ...Respondents Counsel for the Appellants: Smt J.SANDHYA RANI counsel for the Respondent No.2: sRl KATTA LAXMI pRAsAD Counsel for the Respondent No.1: None Appeared The Court made the following: JUDGMENT -7"' /1 THE HoN,BLE sRI JUSTICE NARSING RAo NANDIKoNDA M.A.C.M.A.No. 1O73 of 2Oi5 JUDGMENT: h.rrsuant to the request made by the learned counsel appearire3 for both the parties, lirs rnatter was referred to Lok adalat. on 17.07 -2025, lhe matter was settled before the Lok Adalat emd an award w'as passed by the Lok Adalat. Lr:arned counsel for the appellants.had submitted that during pendency of the appeal, appellant No.4 died and all the legal hr:irs are on record no further steps need be taken for bringinll the legal representatives.of the deceased appellant No.4 and a I\{emo, dated 25.02.2025 was filed praying to apportion the share of appellant No.4 to appellant Nos.l to 3 equally but due to oversight the same is not mentioned in the award. In view of the above, the M.a.C.M.A. is disposed of in terms of the award, dateci 17.O7.2025, passed by the Lok Adalat anci the share e-mount of appellant No.4 shall be apOortioned among the other appellant Nos.l to 3, equaliy. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD'. M. OSMAN ALI BAIG ASSISTNT REGISTRAR6 SECTION OFFICER //TRUE COPY" To,

1. The Chairman Motor Accident Claims Tribunal Family Court Judge-cum-Vlll Additiorral District Judge, Mahabubnagar.

2. One CC to Smt J.SANDHYA RAN|, Advocate tOpUCl : 4. Two CD Copies One CC to SRt ,(ATTA LAXMT 'RASAD, Advocate IO'UCI A> itb { \ (Enclosed here with a cgny of Lok Adatat Award) a I a HIGH COURT DATED:2410912025 ORDER MACMA.No.1073 of 2015 ( THE - :.- ,r ,,i r^. .'r.- 1? iil w6 f ( * () ! * t \ DISPOSED OF IN TERMS OF AWARD PASSED BY THE LOK ADALAT t ( v z I BEFORE THE LOK ADALAT HIGH COURT: LEGAL SERVICES COMMITTEE FOR THE STATE OF TELANGAN A, HYDERABAD. IUnder Section 19 of the Legal Services Authorities Act, 1987 (Central Act)l Qate:17:07-2025 Present: l.Hon,ble Dr. Justice G.yethirajulu, (Former Judge of erstwhile Andhra pradesh High Courty Chairman fo() t +,

2. Sri N.Anirudh, Advocate, Member (Before Hon AGAINST High Court) (On the fite of the Judge, Famity Court-Cum- Addt Judge at Mahabubnagar) occ: Househotd, Between:- 1. K.Laxmamma, W/o. Late K. Thirupathaiah, Age: 30 years, (hita cr,ul'rp,iivi1i.gu, at present f/_o.[._No.a-s+, - lgsiding at H.No.1-3-153, New Town, Mahabubnagii town & Disrrict. 2. K.Yadamma, D/o. l.atg K. Thirupathalufr,:Aguif allurr, occ: Househotd, R/o.H.No.4-54, xrrrta cnanipur vit[!", at present residing at H.No.1-3-153, New Town, Mahabubunuli,, town & District. Minor, under the guardianship of his Naturat rnoituii."., Appettant No.1. herein. student under the guardianship of his natural motn6r i.e., Appettant No.1. herein. 3- K.Raju, s/o. Late K.Thirupathaiah, Age:1g years, 5cc: student, 4. K.Channakeshavulu, S/o.- K.Thirupathaiah, Age: 17 years, 1- K.Anjaiah, s/o.Estaraiah, Age: Major, occ: owner of the Auto No: Ap zzy45o3, 2. Bharathi AXA Generat lnsurance Co.Ltd., R/o. Potepalty vittage, Jadcherta Mandat, r,ranauuunagar District. AND Appellants/Claimants Represented by its Manager, Gokul Towers, ll Floor, Opp: Nizam Hospitat Road panjagutta, HyderabaJ.' Poticy No: FCV/S0Z57OB6 t 5t t OOICtl 51 1 R Vatid from 25-06-201 1 to 24-06_2012. Counsel for the Appettants/Claimants Counse[ for Respondent No.2/ Representative of lnsurance Compiny lnsurance Company ... Respondents : Smt.J.Sandhya Rani, Advocate/ Sri V.Bhaskar, Advocate, : Sri Katta Shravya, Advocate. t l.i Mohammed Abdut Shabbeer, Senior Manager - Legal Ctaims a This appeal having been referred for settlement before this Lok Adatat and after hearing the Learned counsel for the parties and also the par[ies, tne rotrowing award is passed: AWARD Compensation Awarded by the Tribunat Rs.5,50,000/ -(Rupees Five takhs fifty thousand only) along proportionate costs and interest @ 7.5% per annum from the date of fiting of ctaim petition titt the date of deposit. ! I I Ij € Compensatiotl Awarded (Setttement Reached) in the Lok Adatat. SEB COURl AOAIAi HIGH LOK -.,1 m I Slate ot1dd This is an appeal fited bY the Peti Award passed in MVOP No.286 of cum-Vlll Addt. District Judge at Mahabubnagar. tioners /Claimants aggrieved bir the 2012 by the Judge, FamlrY Surt- Sri Mohammed Abdut Shabbeer, Senior Manager-Legal Claims for the Respondent No.2-lnsurance Company has appeared before the Lok Adatat. The Appettant/ Petitioner/Claimant Nol;.1 to 4 have appeared before District Legat Services Authority, Mahabubnagar, and are identified. lt is reported b,y the lnsurance Company that both the parties entered into compromise and the matter has been settled' As per the setttement, the Respondent No.z-lnsurance Company, has agreed for enhancement of Rs.3,80,000/- in addition to the amount atready deposited and the Appettants /Ctaimants have agreed to receive the same towards futt and final settlement of their ctaim' Accordingty, compromise is recorded and the case ii settled before the Lok Adatat. ln view of the above said setttement, the lnsurance Company has agreed to deposit the above said amount within a period of (2) months from the date of receipt of copy of this Award, after deducting the ambunt that was deposited, if any. ln the event of defautt or detay in making such deposit, the Ctaimants/Appettants are entitled to ctaim interest as awarded by the Tribunat. Apportionment of Compensation, if anY The apportionment among t he Appettant/Petitioner/Ctajmant Nos. l to 4 shatt be made as per the apportionment determined by the Tribunal in M.V.O.P.No.286 of 2012. Additional Directi on (s): 1 The Appettants/Claimants are entitted to the refund of Court Fee paid in thil case.

2. The a.nount atready deposited by the lnsurance company, if any, sha[[ be glven credit to.

3. Soon aitir deposit by the lnsurance Company, the ApPettant/Petitioner/Claimant - No.f .:o 3 are permiited to withdraw their entire share amounts. The share of minor Appettant/Petitioner/ctaimant No.3 shatt be kept in fixed deposit in any Nationatized Bank titl he attains majority and he is permitted to withdraw after attaining the age of majority. ln token of consent for the above setttement and award, the parties ind their counsel have signed this award in.our presenqe. ' ln terms of the compromise arrived at between the parties, this case stands disposed of.