Hou,ever, as per the legal ratio laid down in National Insurance Company Limited v. Swaran Singhl, the

R/o Kudli Village, Bhalk'i Tatuq, Bidar Didtrict, karnataka f tate, Now at Delight Colony,_G2. First Floor, Kompelly, Ranga Reddy District ( )wner of Hydraullc Mobtle Crane bearing Registration No. TS 07 EL 3780) Respondent Nos.S & 6/Rer pondent Nos.l & 2 lA NO: 2 OF 2023 Petition under Section 151 CPC., praying that in the cir( rmstances stated in the affidavit filed in support of the petition, the High Court ma./ ce pleased to STAy the operation of the Order and Decree dated Z2.l l.2022 passed in M.V.O P.No.595 of 2016 on the file of the Chairman, Motc- Vehicle Accidents Claims Tribunal-Cum-l Additional District Judge, Karimnagar Counsel for the Appellants : SRl. A RAMAKRISHNA REt) )y Counsel for the Respondent Nos.1 to 4 VEMUGANTI SRI RAMACHAIT I t4P P49 The Court delivered the following: JUDGMENT THE HON'BLE SMT. JUSTICE RENUKA YARA M.A.C.M.A.No.48O of 2023 I i I JUDGMENT: Heard Sri A. Ramakrishna Reddy, learned Standing Counsel for the appellalt/ lnsurarlce Company and Sri Ramachandar Rao Vemuganti, learned counsel for respondent Nos' 1 to 4. Perused the entire record.

2. This is an appeal preferred by the appellant/lnsurance Comparry aggrieved by the au'ard dated 22.11.2022 passed by the learned Chairman, Motor Vehicle Accidents Claims Tribunal-cum-l Additionai District Judge, Karimnagar, (for short 'the TribunalJ in M.V.O.P.No.595 of 2016, wherein, cornpensation of Rs. L6,62,OQOl- lr,ith interest @) 7 .5 'ro per annum has been awarded in a claim petition filed by the claimants seeking compensation of Rs.28,OO,00O/ -.

3. The present appea-l is filed aggrieved by the order of the Tribunal, u,herein, liability is fastened jointly and severally upon the appellant and respondent Nos.5 and 6 herein. No challenge is mounted against the quantum of compensation or the apportionment made b5z the Tribunal. t t 2

4. Learned counsel for the appellant/ Insu r. rnce Company referred to paragraph No.27 of the order of the Tr. bunal, 'u.herein, there is a discussion about trx.B6-Report of R.T.O ,: td Ex. B7-Letter dated 19.09.2022 of R.T.O., Raichur and srater that the said Exs.E}6 and 87 $,ere not considered by the Tribune I on the ground that none were examined to prove the contents tl-rc -:of,

5. Learned counsel for rhe appellant further star rd that Ex.86 is a ietter from RTO, Raichur, addressed to Sri Sar tosh Kumar B. Koppar, Investigator, inlorming that the sairi driving license No.398/05 by name Sri Kamalakar, S/o. panc.r rang, \f,.as not issued by their office, r+,hereas, Ex.B7 is a letter iL ldressed by the Regional Transport Office, Raichur to the Distri: _ and Sessions Court., Karimnagar informing that the driving licer r e No.39g/05 in the name of Sri Kamalakar, S/o. pandurang Ei .adar, u.as not issued by their ofhce. The said communication bet.r:en the office of RTO, Raichur and the District and Sessions Court Karimnagar is an internal communication, wherein, response is -eceived by the District and Sessions Court, Karimnagar and the r cntents therein cannot be disputed. In the said circumstances, thr driving license vioiation is proven by the appellant and therelore. i ,int and several Iiabilitv cannot be fastened on the appelrant along,,ith respondent ) Nos.S and 6 and accordingly, to the said extent, the order of the Tribunal needs to be modified.

6. In view of the foregoing discussion, the appeal is allowed fixing the liability on responCent Nos.5 and 6 to pay the compensation. Hou,ever, as per the legal ratio laid down in National Insurance Company Limited v. Swaran Singhl, the appellant/ lnsurance Companf is directed to pay the compensation as awarded by the Tribunal at the first instance and then recover the same from responclent Nos.5 ald 6, who are the driver and the owner of the offending vehicle. Pending miscellaneous petitions, if any, shall stand closed- No order as to costs. SD/. A.SREENIVAS ASSISTANT RE A RED R //TRUE COPY// SECTION OFFICER To, The Chairman, Motor Vehicle Accidents Claims Tribunal.cum-l Additional District Judge, Karimnagar.(with Records,if any) One CC to SRl. A RAMAKRISHNA REDDY Advocate [OPUC] One CC to SRl. RAMACHANDAR RAO VEMUGANTI Advocate [OPUC] 2 J Two CD Copies W^ ' zooa (3) scc zgt HIGH COURT DATED:04/0812025 JUDGMENT MACMA.No.480 of 2023 . iC STAI { i (: O ( J0 t I \ ' t^\ t- il ,.. :i ,.1 - ';l ALLOWTNG THE MACMA WITHOUT COS'I' i 1 b ')D \ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 480 OF 2023 Between: HDFC ERGO General lnsurance Co. Ltd, Represented by its Manager,6th Floor, Leela Business House, Andheri, Kurla Road, Andheri East, Mumbai - 400 059 APPELLANT AND 1 Siddenki @ Siddanki Renuka, Wo Late Sampath, Age- 30 years, Occ- , . Household-All are Residents of Narsingapoor Village, Veenavanka Mandal Revenue, Karimnagar District

2. Siddenki @ Siddanki Nikhil, S/o Late Sampath, Age- 21 years, Occ- Student 3. Siddenki @ Siddanki Shreya, D/o Late Sampath, Age-19 Years, Occ- Student. (RR 2 & 3 are declared as maiors by discharging the guardianship from R-1 , vide C O , d1.19.04.2024 in LA.No.2 ol 2024)

4. Siddenki @ Siddanki Lachamma, Wo Late Odelu, Age- 70 years, Occ- Household All are Residents of Narsingapoor Vlllage, Veenavanka ltilandal Revenue, Karimnagar District. .. . Respondent Nos.1 to 4/Petitioners Kamalakar Pandurang Birander, S/o Pandurang Birader, Age- 37 yeaF'-Q9q- Driver/Operator of Hyiraulic Mobile Crane bearing- Registration No. TS 07 EL 3780, R/b H.No.'184i, Madherwadi, Raichur, R/o Chandanahalli Village' Humnabad Taluq, Bidar District, Karnataka State, Now at Habeeb Nagar, Mossapet, Hyderabad 6 Gopal Patil, S/o Narsingh Rao, /Age- 35 years, Caste- Patil, Occ- Business' Rid Kudli Village, Bhalki Taluq, Bidar Disirict, Karnataka State, Now at Dehght Colony, G2, Fiisi Floor, Kompelly, Ranga Redqy qLs-trlgt (Owner of Hydraulic Mobil6 Crane bearing Registration No. TS 07 EL 3780) Respondent Nos.5 & 6/Respondent Nos.l & 2 Appeal filed under Section 173 of the Motor Vehicles r ct, 1988, against the Order and Decree dated 22t11t2O22 passed in M.V.O.P.No.li t5 6i 2916 on the file of the Court of the Chairman, lvlotor Vehicle Accidents Clair s Tribunal - Cum - | Additional District JJdge, Karimnagar. OI{DER: Ihis appeal coming on fbr hearing and upon pemsi r I thc rrounds ofappeal. thcjuderncnt and decrec olthe Los'cr corlrt and the material paper. n thc I'ctition and uporr hearin!I thc arsunrcnts ol'Sri A. Ilamakrishna Reddy. Advocale l'or I lc ,,\ppcllatrt and of Sri Ramchanclar Rao Venrusanti. Aclr ocato lbr thc Respondents I to 4. I hat tliis ClourL doth Orrlel and Decree as lollows [. lhat the \'1AC\4,-\ bc and herebl, isallowed fixing rn,. iabilitl on respondent Nos.5 & (r (() IrJ\ llte compcllsJlion. l. t hat thc apltellant Insurance Company is directcd to I i \ rhe conlpeusatiolt as aq arded l',r Lhe i ribunal at thc lirst instance and thel r cor er. rhc santc from tlre responrJent Nos.5 & 6. u,ho ar-e the driver and the . rler ol'(he ollendinq vchicle.antl

3. 'l hat therc shall he no order as to costs To /-A ..S TEENIVASA REDDY r; STANT REGTSTRAL ._- fnrcN c1,lt(EL- S I'hc chairman. Motor veliicie Accidenrs ctaims Trib\nalrcLr r -[ Additional I)istricr .lu,.lge. Karirnnagrr. l'u'o CI) Oopies. '-, 2 ry. HIGH COURT DATED:04/0812025 DECREE MACMA.No.480 of 2023 ALLOWING THE MACMA WITHOUT COS'I S